Madras High Court
Mrs.Sangeetha Jain vs M/S.Vantage Leathers India Ltd on 4 August, 2021
C.S.No.665 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.665 of 2006
1.Mrs.Sangeetha Jain
2.Anil Kumar Jain
3.Sandeep Jain ... Plaintiffs
Vs.
1.M/s.Vantage Leathers India Ltd.,
rep. by its Managing Director,
Mr.K.Venkatasubramanian
No.8 & 9, Halls Road,
Egmore, Chennai 600 008.
2.K.Venkatasubramanian
3.P.R.Sethuprakasam
4.Mrs.N.Sumathi
5.Mrs.S.Sengamalam
6.V.K.Jain
7.Indian Bank,
rep. by its General Manager,
No.31, Rajaji Salai.,
Chennai - 600 001. ... Defendants
PRAYER : Civil Suit filed under Order IV Rule 1 of O.S.Rules, read
with Order VII, Rule 1 of CPC, 1908:
A) For a declaration that the plaintiffs are the bonafide
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C.S.No.665 of 2006
purchasers for value of the suit property situate at Plot
Nos.19 and 22, New Branch Road, Thiruvanmiyur,
Chennai - 600 041, Thiruvanmiyur Village, Mylapore-
Triplicane Taluk, Chennai District, comprised in old
Survey Nos.213/2 and 213/3, present T.S.No.314,
Block No.65, measuring an extent of 3.56 grounds or
thereabout, more fully described in suit schedule
mentioned property;
B) For a declaration that the alleged equitable mortgage
purported to have been created by the defendants 1 to 5
in favour of 7th defendant on 7/8.11.1998 or 04.4.2000
in respect of the suit property situate at Plot Nos.19 and
22, New Beach road, Thiruvanmiyur, Chennai - 600
041, Thiruvanmiyur Village, Mylapore - Triplicane
Taluk, Chennai District, comprised in old Survey
Nos.213/2 and 213/3, present T.S.No.314, Block
No.65, measuring an extent of 3.56 grounds or
thereabout, more fully described in suit schedule
mentioned property is illegal, invalid and non-est in the
eye of law.
C) For a declaration that the impugned notice dated
28.7.2006 issued by the 7th Defendant in respect of the
suit schedule mentioned property Plot No.19 and Plot
No.22 is illegal, invaild and non-est in the eye of law
and declare the same as void abinitio in so far as the
Plaintiffs and their properties are concerned morefully
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C.S.No.665 of 2006
described hereunder;
D) For a permanent injunction restraining the defendants 1
to 7, their men, agents, servants or any other person or
persons authorized by them or claiming through them
from interfering with the peaceful possession and
enjoyment of the suit property situate at Plots Nos.19
and 22, New Beach Road, Thiruvanmiyur, Chennai -
600 041, Thiruvanmiyur Village, Mylapore-Triplicane
Taluk, Chennai comprised in old Survey Nos.213/2 and
213/3, present T.S.No.314, Block No.65, measuring an
extent of 3.56 grounds or thereabout, more fully
described in suit schedule mentioned property,
pursuant to the proceedings initiated as against the
defendants 1 to 5 and the plaintiffs in O.A.No.527 of
2002 on the file of the Debts Recovery Tribunal-1,
Chennai or under the provisions of the Securitisation &
Debts Recovery Law, except in accordance with law.
E) Granting such other relief or reliefs
F) for costs of the suit.
For Plaintiff : Mrs.Vasudha Thiagarajan
For D1 to D5 : Mr.K.Ravindranath
JUDGMENT
The learned counsel for the plaintiffs submitted that the dispute has been
amicably resolved between the parties and further, sought the leave of the
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C.S.No.665 of 2006
Court to withdraw this suit.
2.In view of the above, this Civil Suit is dismissed as withdrawn. No
costs.
3.The learned counsel for the plaintiffs made a statement that the
plaintiffs are from New Delhi and in these times of Covid-19 it would be
riskier for them to travel from New Delhi to Chennai for collecting the
Court fee and sought the leave of the Court to collect the Court fee on
behalf of the plaintiffs.
4.The learned counsel for the plaintiffs is permitted to collect the Court
fee on behalf of the plaintiffs.
04.08.2021
Tsg
Index : Yes / No
Speaking Order / Non-speaking order
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C.S.No.665 of 2006
N.SESHASAYEE.J.,
Tsg
C.S.No.665 of 2006
04.08.2021
https://www.mhc.tn.gov.in/judis/
