Jm Financial Asset ... vs Chinnamalar Plantation Pvt. Ltd
2023 Latest Caselaw 14155 Mad

                                                                        A.S.(MD)No.167 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.11.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                            A.S.(MD)No.167 of 2021
                                                          and
                                          C.M.P.(MD)No.5580 of 2021


                    JM Financial Asset Reconstruction
                      Public Limited,
                    Rep. by its Vice President,
                    Having registered office
                    at No.7A, Cnergy,
                    Appasaheb Marathe Marg,
                    Prabhadevi, Mumbai-400 025,
                    (Now rep. by its Senior Analyst,
                      Authorized Signatory)                           ... Appellant


                                                          Vs.


                    1.Chinnamalar Plantation Pvt. Ltd.,
                      Rep. by its Managing Director,
                      P.Joseph, S/o. Kurian Joseph,
                      Vellappati House,
                      Alleppey North Post,
                      Kerala State-688 007.

                      Rajitha Begum (Deceased)

                      Rasitha Begum (Deceased)


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                                                                              A.S.(MD)No.167 of 2021


                    2.Sabura Begum

                    3.Shabia

                    4.Fathima Begum

                    5.Babu Misirikhan

                    6.Sujin Christhudas

                    7.Vincent Mathew

                    8.The Federal Bank Ltd.,
                      Rep. by its Branch Manager,
                      Ernakulam North Branch,
                      M.G.Road, North Ernakulam,
                      Kerala State.                                         ... Respondents

                    (Cause title accepted vide Court order dated, 02.06.2021 made in C.M.P.
                    (MD)No.4002/2021 in A.S.(MD)SR.No.13152/2021)



                    PRAYER: Appeal Suit filed under Section 96 of Code of Civil Procedure,
                    to set aside the judgment and decree dated 05.03.2020 made in O.S.No.120
                    of 2010 on the file of the I Additional District Judge, Tirunelveli by
                    allowing this Appeal.

                                        For Appellant      : Mr.S.Meenakshi Ramaprabhu
                                                             For Mr.R.Sugumaran

                                        For R-1            : Mr.A.Sivasubramanian

                                        For R-2 to R-7    : No appearance




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                                                                                A.S.(MD)No.167 of 2021


                                                     JUDGMENT

When the First Appeal was taken up for hearing, the learned Counsel

appearing for the appellant sought permission of this Court to withdraw the

First Appeal and he also made an endorsement to that effect. The said

submission is recorded.

2. In view of the above said submission, the First Appeal is

dismissed as withdrawn. There shall be no order as to costs. Consequently,

connected miscellaneous petition is closed.

01.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

The I Additional District Judge, Tirunelveli.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis A.S.(MD)No.167 of 2021

L.VICTORIA GOWRI, J.,

Sml

A.S.(MD)No.167 of 2021

01.11.2023

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