K.CHANDRU
G. V. Films Limited rep. By its Director P. Raghuraman – Appellant
Versus
Indian Bank & Others – Respondent
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
11. Mardia Chemicals Ltd. and others Vs. Union of India and others (2004) 4 SCC 311
13. Indian Bank Vs. ABS Marine Products (P) Ltd. (2006) 5 SCC 72
18. Rame Gowda (D) by Lrs. Vs. M.Varadappa Naidu (D) by Lrs & Anr. (2004) 1 SCC 769
1. M.S.Ramachandran Sastrigal Vs. Kuppuswami Vanniar 1961 (1) MLJ 335 (Madras HC - DB)
3. Ram Swarup and others Vs. Shikar Chand and another AIR 1966 SC 893
7. Periathambi Gounden Vs. District Revenue Officer
8. State of Tamil Nadu Vs. Ramalinga Swamigal Madam 1985 (4) SCC 10
10. Rajasthan SRTC Vs. Bal Mukund Bairwa (2) (2009) 4 SCC 299
17. Vallabh Das Vs. Dr. Madanlal and others AIR 1970 SC 987
19. Dalpat Kumar and another Vs. Prahlad Singh and others (1992) 1 SCC 719.
21. Kamala and others Vs. K.T.Eshwara Sa and others (2008) 12 SCC 661
5. Smt.Munni Devi and another Vs. Gokul Chand and another AIR 1970 SC 1727
4. Dhulabai etc. vs. State of M.P. and another AIR 1969 SC 78
6. Katikara Chintamani Dora and others Vs. Guatraddi Annamanaidu and others AIR 1974 SC 1069
20. T.Arivandandam Vs. T.V.Satyapal and another 1977 (4) SCC 467
22. Janatha Textiles and others Vs. Tax Recovery Officer and another (2008) 12 SCC 582
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