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2007 Supreme(Mad) 362

S.RAJESWARAN
My. Forex Services (P) Ltd. – Appellant
Versus
City Men Forex and Travels Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K. Vijaya Narayanan, Sr. Counsel for Sanjay Ramaswami, H.R. Umavijayan and M. Uma Shankar, Advs.
For Respondents/Defendant: K. Rajarekar, Adv.

Judgement Key Points

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JUDGMENT

S. Rajeswaran, J.

1. Application No. 3827 of 2006 is filed to declare the sale effected on 31-7-2006 by the respondents in respect of the property No. 1 mentioned in the schedule hereunder and sale effected on 3-5-2006 and settlement on 16-6-2006 in respect of property No. 2 mentioned in the schedule hereunder as null and void for the sole reason that when the above encumbrance took place the order of Attachment before Judgment granted by this Hon'ble Court on 4-10-2005 was still in force.

Application No. 3828 of 2006 is filed to direct the fourth respondent to deposit the above sale amounts from the auction to the credit of the suit and keep the same pending disposal of the above suit.

Application No. 1556 of 2006 is filed to raise the order of Attachment in O.A. No. 1498 of 2005 in C.S. No. 226 of 2005 before Judgment passed by the Hon'ble Court dated 4-10-2005.

The brief facts are as under:

For the sake of convenience the parties are referred to as they are referred to in the suit.

2.1. The plaintiff as a private limited Company deals in foreign exchange. The plaintiff provides foreign exchange in its regular course of business by way of day-to-day dealings with the first defe

























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