ASHOK C.PRAKASH
M. Balasubramaniam, B. Sc. , B. L. , Advocate – Appellant
Versus
State Bank of India – Respondent
Mr. Ashok C. Prakash, Presiding Officer : This common order of mine will dispose of both the I.A.s i.e. I.A. No. 4/2003 and I.A. 43/2003.
By this Interim Application No. 4/2003 (3.1.2003), the petitioner (Mr. M. Balasubramaniam, Advocate) who is a 3rd Party to the main proceeding has prayed for issuing a direction to the applicant Bank to release Maruti 800 car bearing Registration No. T.N. 01-5709 and to handover the key forthwith of the car to the petitioner. The petitioner, has solemnly affirmed that, the respondent No. 1, has instituted O.A. No. 220/02 for recovery of certain amount alleged to be due from the above defendants i.e. R-2 to 6.R-1 without any specific authority has gone to the extent of seizing the movable properties even not hypothecated to it, which were available at the place, where the defendants were running Automobile Service, which is rented premises, belonging to one Sri Govindraj. It has been further submitted by the petitioner, that D-2 , have sold the said car to him, for a sum of Rs. 30,000/- (Rupees thirty thousand only) on 8.3.2002. D-2, has already executed sale receipt, agreement delivery receipt, and Transfer Application (Xerox copies of the
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