Icici Home Finance Company ... vs S.Sundaramurthysanthanam
2023 Latest Caselaw 2891 Mad

                                                                                        C.S. No.690/2016

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 20.03.2023

                                                           CORAM

                                     THE HONOURABLE Ms. JUSTICE R.N.MANJULA

                                                      C.S. No.690 of 2016

                     ICICI Home Finance Company Limited
                     ICIC Bank Towers
                     No.B-4, Bandra-Kurla Complex,
                     Mumbai – 400051
                     And having its Branch Office at
                     No.2/1 L.B.Road
                     Adyar, Chennai – 600020
                     Rep. by its Collection Manager
                     M.S.Vijay                                                            ... Plaintiff

                                                              Vs.

                     1. S.SundaramurthySanthanam
                     2. S.Ramachandran
                     3. JDA Consultancy Services Pvt., Ltd.,
                        Represented by its Managing Director,
                        No.11-A, Silk Gouse, 630, J.S.Sheth Road,
                        Metro Mumbai – 400 002.

                     4. M/s.Indian Bank,
                        ARM Branch, No.55, Ethiraj Salai,
                        Chennai – 600 008.                                            ... Defendants


                                  Civil Suit is filed under Order IV Rule 1 of the Rules of the High

                     Court of Judicature at Madras in its Original Jurisdiction and under Order


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https://www.mhc.tn.gov.in/judis
                                                                                              C.S. No.690/2016

                     VII Rule 1 of Civil Procedure Code to pass a Judgment and decree:

                                  a) Declaring that the auction sale conducted at the instance of the 4th

                     defendant Indian Bank on 29.11.2006 under orders of the DRT-III Chennai,

                     thereby bringing the suit property also to sale, is illegal, invalid and not

                     binding on the plaintiff;

                                  b) Declaring that the 3rd defendant who is the auction purchaser does

                     not derive any right title or interest in the suit property;

                                  c) Directing the defendants 1 and 2 to pay to the plaintiff a sum of

                     Rs.1,08,49,033/- being the principal and interest put together within such

                     time that this Court may stipulate and if the defendants 1 and 2 fail to pay or

                     deposit the amount mentioned in supra within the time stipulated by t his

                     Court then to pass a final decree directing the sale of the property more

                     particularly set out in the schedule herein; and the sale proceeds therefrom

                     may be appropriated towards the amount referred to above.

                                  d) If the sale proceeds from the sale of the suit property is found to be

                     insufficient to satisfy the amount referred to above, then to pass personal

                     decree against the defendants 1 and 2 in respect of the amount which

                     remains due after appropriation of the sale proceeds towards the amount

                     mentioned supra.


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https://www.mhc.tn.gov.in/judis
                                                                                             C.S. No.690/2016

                                  e) directing the defendants 1 and 2 to pay to the plaintiff costs of the

                     action.


                                        For Plaintiff       :   No appearance


                                                            JUDGMENT

When the matter was taken up on 13.03.2023, there was no

representation for the plaintiff. Hence, the matter was ordered to be listed

under the caption “For dismissal” on 20.03.2023 . Even though the matter is

listed today under the caption “For dismissal”, again there is no

representation for the plaintiff. Hence, this Court is inclined to dismiss the

suit for default.

2. Accordingly, the Civil Suit is dismissed for default.

                                                                                              20.03.2023
                     Index                     : Yes/No
                     Speaking Order            : Yes / No
                     bkn

https://www.mhc.tn.gov.in/judis C.S. No.690/2016

R.N.MANJULA, J.,

bkn

C.S. No.690 of 2016

20.03.2023

https://www.mhc.tn.gov.in/judis