ORDER :- Original Application No. 264 of 2006 is filed by the applicant/plaintiff to pass an order of interim injunction restraining the respondent/defendant from bringing the schedule properties for sale, based on the alleged equitable mortgage dated 1-1-2003 and Application No. 3452 of 2006 is filed by the respondent/defendant to vacate the order of ad interim injunction granted on 20-3-2006.

2. According to the applicant/plaintiff firm, it purchased the suit property from the owner and the documents were also placed before the Sub-Registrar Office, Avadi and the same was not returned due to deficit Stamp Duty.

3. In this context whether the claim of the respondent/defendant bank in having created the equitable mortgage on 1-10-2003 in its favour by the applicant/plaintiff is acceptable.

4. Mr. R. Krishnamurthi, learned senior counsel appearing for the Respondent Bank drew my attention to the petitioner's letter dated 1-10-2003 addressed to the Sub-Registrar of Assurances, Avadi, in the following lines :-

You may kindly take note that we have created a mortgage on 1-10-2003 with ING Vysya Bank Limited, Mount Road branch based on the Xerox copy of the aforesaid deed and the receipt is

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