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2020 Supreme(SC) 197

UDAY UMESH LALIT, INDIRA BANERJEE, M.R.SHAH
Canara Bank – Appellant
Versus
P. Selathal – Respondent


Advocates Appeared:
For the Petitioner(s):Rajesh Kumar-I, Anant Gautam, Sakshi Gaur, Sorabh Dahiya, Vibhu Sharma, Nipun Sharma, Anmol Mehta, Advocates
For the Respondent(s):Dua Associates, Advocate

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 09.11.2017 passed by the High Court of Judicature at Madras in C.R.P.(PD) No. 2586/2013 and C.R.P.(PD) No. 2587/2013, by which the High Court has dismissed the said revision applications preferred by the appellant herein – Canara Bank and has confirmed the orders passed by the learned trial Court dismissing the applications preferred by the appellant herein to reject the respective plaints in exercise of powers under Order 7 Rule 11 of the CPC, original defendant no.5 – Canara Bank in O.S. No. 1269/2010, who is original defendant no.6 in O.S. No.233/2011, has preferred the present appeals.

3. The facts leading to the present appeals in nutshell are as under:

That the appellant – bank sanctioned and granted a term loan of Rs.49,50,000/- to M/s Coimbatore Hatcheries, a partnership firm in which one Shri Ravichandran and G. Suresh Babu were the partners, in the year 1995. That the said loan was secured by mortgage of immovable property belonging to the said firm and the land situated at Survey Nos. 472 and 488 of Sanganur Village of one Shri M.C. Kallikutty – G

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