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1996 Supreme(Mad) 154

SRINIVASAN, S.M.ABDUL WAHAB
A. J. Jawad – Appellant
Versus
State Bank of Bikaner and Jaipur rep. by its Chief Manager, Madras – Respondent


Advocates Appeared:
For the Appellant:Vedantham Srinivasan, Senior Counsel, for A. Ramesh, S. Subbiah for R. Elizabeth/Sarumathi, Advocates.
For the Respondents:P. Sukumar for A. Thayaparan, S. Parthasarathy for Sarvabhauman Associates, Advocates.

Judgment :-

SRINIVASAN, J.

1. These appeals are against the common order passed by the learned judge on the Original Side pending a suit on his file by which an attachment has been directed of an amount kept in deposit under T.D.R. Receipt Nos. 594792 and 594793 dated 11-7-1994 with the plaintiff and an injunction is granted restraining the defendants from withdrawing the said amount from the said bank.

2. The suit is filed by the first respondent in these appeals on an equitable mortage for recovery of a sum of Rs. 2,13,67,591/- with interest and in default of payment, direction to sell the mortgage properties set out in Schedules I and II to the plaint. The first defendant is the mortagagor while defendants 2 to 4 are the guarantors. The plaintiff filed Original Application No. 629 of 1995 and Application No. 3064 of 1995, the former for an injunction restraining the garnishee-fifth respondent therein from withdrawing the amounts due under the two T.D.R. receipts each for Rs. 15,00,000/- standing in his name with the applicant bank till the disposal of the suit and the latter for attachment before judgment of the said two term deposits. Though the fifth respondent in the applicati



























































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