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2009 Supreme(Mad) 2299

K.CHANDRU
G. V. Films Limited rep. By its Director P. Raghuraman – Appellant
Versus
Indian Bank & Others – Respondent


Advocates Appeared:
For the Applicant:K.Ravi, M/s.Rugan & Arya, Advocates. For the Respondents:R1, G.Masilamani, Advocate General for M/s.King & Partridge, R2 and R3, Srinath Sridevan, R4, R. Srinivas, Advocate.

Judgment :

Heard both sides.

2. The applicant M/s.G.V.Films Limited is also the plaintiff in both the suits. While C.S.No.48 of 2008 has been instituted for redemption of the mortgage, C.S.No.49 of 2008 has been instituted for a declaration that the provisions of the SARFAESI Act do not apply to the security interest created on 2. 1989 and for a consequential permanent injunction. The plaintiff in both the suits is a Company by name G.V.Films Limited and the Bank against whom the relief is claimed in both the suits, is the Indian Bank. The properties which form the subject matter of both the suits is also the same.

3. Pending the suit, O.A.No.765 of 2008 is filed by the applicant/plaintiff, seeking for an interim injunction restraining the first respondent, its agents, servants or men from in any way disturbing the applicants peaceful possession of the property described in the schedule attached to the judges summons pending disposal of the suit.

4. Application No.2258 of 2009 is filed by the plaintiff seeking for a direction to the first respondent Bank and its officers and all persons claiming under or through them to maintain status quo with reference to the suit property, pe







































































































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