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2004 Supreme(Mad) 572

K.GNANAPRAKASAM
Nedungadi Bank Limited, Main Branch, represented by its Assistant General Manager, Coimbatore (Now taken over of by Punjab National Bank – Appellant
Versus
Pondy Metal Rolling Mills Private Limited, represented by its Director and others – Respondent


Advocates:
M.Sathyanarayanan, for Petitioner.
M.S.Krishnan, for Respondents.

ORDER: These civil revision petitions are directed against the order dated 6.6.2002 passed in I.A.Nos.665 of 2000 and 666 of 2000 in I.A.Mo.564 of 2000 in O.S.No.1053 of 2000 on the file of II Additional Subordinate Judge, Coimbatore.

2. The revision petitioners are Nedungadi Bank Limited (Now taken over by Punjab National Bank) and they have filed an application in I.A.No.666 of 2000 to implead them as party to the suit and also filed another application in I.A.No.665 of 2000 to erase the order of attachment before judgment, which has been passed in I.A.No.564 of 2000. Both the petitions came to be dismissed. Aggrieved by the same, they have filed these two civil revision petitions.

3. Heard the learned advocate for the petitioners and the respondents.

4. The revision petitioner would contend that respondents 2 and 3 have hypothecated their goods to the Bank and in respect of the same property, the first respondent, namely, M/s.Pondy Metal Rolling Mills Private Limited has filed a suit for recovery of the amount due to them and also taken out an application for attachment before judgment of properties of the respondents 2 and 3, which are already hypothecated to the petitioner-Bank.












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