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2018 Supreme(Mad) 1933

S.MANIKUMAR, SUBRAMONIUM PRASAD
S. R. S. Exports rep. By its Partner Mr. S. Rajasekara Reddy – Appellant
Versus
Karur Vysya Bank Limited rep. By its Branch Manager T. Nagar Branch – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.B.Kumarasamy, Mr.M.Balachandar
For the Respondent: Mr.S.Udaya Kumar, Mr.Jhyesh B.Dolia

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. By this common judgment, revision petitions viz., C.R.P.Nos.3047 and 3258 of 2017 are disposed of, is they arise from the same set of facts.

2. Civil Revision Petition No.3047 of 2017 is filed by the lessee M/s.S.R.S.Exports. Civil Revision Petition No.3258 of 2017 is filed by the guarantor, Mrs.Thara Ramamurthy.

3. Facts leading to both the revision petitions are that:-

One M.C.Sherin Pharmaceuticals Limited, Chennai, respondent No.5, in C.R.P.3258/2017 had availed a loan from Karur Vysya Bank. Mrs.Dr.Thara Ramamurthi stood as the guarantor, for the loan and she mortgaged property situated at Door No.4, Artisan Shanmugam Street, Ayanavaram, Chennai.

4. K.Ramamurthi, husband of Mrs.Thara Ramamurthy is the Managing Director of M.C.Sharin Pharmaceuticals Limited. The property was leased out to S.R.S.Exports, represented by its partner, Mr.S.Rajasekar Reddy, who is related to Dr.Thara Ramamurthy. It is submitted that the abovesaid property was given on lease, vide lease agreement, dated 5/11/1983, by receiving, lease advance amount of Rs.12,60,000/-.

5. Bank has filed C.S.No.1072 of 1992, for recovery of the amount due. During the pendency of the suit, M.































































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