C.R.P. No. 2181 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :.10.08.2023

CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

C.R.P. No. 2181 of 2023

M/s M.V.R. Automobiles Private Limited,

Represented by its Chief Executive Officer,

Audi Goa, H.No.15/153/A1,

Opposite to Harley Davidson Showroom,

Caranzalem Panaji, Goa 403 002

...Petitioner

.Vs.

1. M/s. Canara Bank,

Mount Road Branch,

Represented by its Assistant Manager,

781 - 785, Rayala Towers,

Annasalai, Chennai - 600 002

2. Audi India,

Volks Wagen Group India Private Limited,

3^rd and 4^th Floor, Silver Utopia,

Cardinal Gracious Road,

Chalaka - Andheri East,

Mumbai 400 093.

3. Mohammed Musamil,

No.11, 2^nd Street, VGT Layout, NRI Nagar,

Panayur, Akkarai,

Chennai 600 119.

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C.R.P. No. 2181 of 2022

4. Naseem Banu,

No.11, 2nd Street

VGT Layout, NRI Nagar,

Panayur, Akkarai, Chennai 600 119

5. The Branch Manager,

Union Bank of India,

Panjim Panaji, Goa

..Respondents

Prayer: This Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to set aside the order and decree dated

31.03.2023 passed in I.A.No.05 of 2021 in O.S.No.837 of 2020 and pass

orders.

For Petitioner

: Mr.Aswin Shanbhag

ORDER

This petition is filed seeking a direction to set aside the order and

decree dated 31.03.2023 passed in I.A.No.05 of 2021 in O.S.No.837 of

2020 and pass orders.

2. The facts of the case is that the 3^rd respondent intended to

purchase a car by availing a loan from the first respondent/Bank. While

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C.R.P. No. 2181 of 2022

processing the loan application it came to light that there was some

discrepancies in the documents produced by the 3^rd respondent, hence the

first respondent/Bank requested the petitioner herein/ M.V.R. Automobiles

Private Limited to stop delivery of the vehicle and re-credit the amount

received from the bank. Inspite of the follow up action taken by the first

respondent/Bank an amount of Rs.60,00,000/- was transferred to the

petitioner herein, which is the subject matter of this petition. As a result of

which, the first respondent bank filed I.A.No.5 of 2021 in O.S.No.837 of

2020 seeking a direction directing the 5^th respondent/Garnishee not to

permit the operation of the account bearing No.064011100000367 standing

in the name of the petitioner and attach the present and future credits till the

disposal of the suit for furnishing security, wherein the impugned order was

passed on 31.03.2023 with a direction directing the petitioner herein to

deposit a sum of Rs.42,69,561/- into the account of the Court below.

Aggrieved over the same, the petitioner has come up with this petition.

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C.R.P. No. 2181 of 2022

3. The learned counsel for the petitioner submitted that when the

matter is taken up hearing on 07.07.2023 this Court directed the petitioner

to deposit a sum of Rs.30,00,000/- into the account of the Trial Court or or

before 07.08.2023 and the petitioner has also deposited the amount and he

has also produced the D.D before this Court. Hence, prays to allow this

petition.

4. The learned counsel for the first respondent submitted that the

petitioner had played fraud by availing the loan from them with an intention

to siphon off the funds of the bank. Therefore, they filed the main suit for

recover of Rs.42,69,651/- with future interest and filed I.A.No.5 of 2021 in

O.S.No.837 of 2020 seeking a direction directing the 5^th

respondent/Garnishee not to permit the operation of the account bearing

No.064011100000367 standing in the name of the petitioner and attach the

present and future credits till the disposal of the suit for furnishing security.

Hence prays to dismiss this petition.

5. Heard both sides and perused the materials available on record.

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C.R.P. No. 2181 of 2022

6. On a perusa