K. Gnanaprakasam, Chairperson —The Appellant herein, who is the 6th defendant in the OA-382/2003 had taken out an Application in IA-475/2005 for the return of the documents in the pending OA, and the same came to be dismissed by the DRT, Coimbatore, by its Order dated 5.10.2005. Aggrieved by the same, this Miscellaneous Appeal has been filed.

I have heard the Ld. Advocate for the Appellants and the Respondent.

2. The case of the Appellants is that they have deposited certain documents with Tamilnad Mercantile Bank Ltd. with an intention to create equitable mortgage and the said Bank filed TA-1320/2002, and their claim was settled out of court. When the Appellants applied for the return of the documents before the Tribunal, that Application was dismissed on the ground that no documents were available with the Tribunal. Subsequently, the Lakshmi Vilas Bank, Respondent herein, filed OA-382/2003 and the same is pending. That in the OA, the Appellants had taken out an Application for the return of the documents contending that the Tamilnad Mercantile Bank in the OA filed by them had contended that there was no pari passu charge in respect of the properties, which were given as securi