IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 08.07.2025 Pronounced on: 16.07.2025 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.224 of 2025 & C.M.P.No.6014 of 2025 Rukmini Kulathi D/o. Ramakulal, No.1-135-D Kandur, Kavrady, Kundapura, Kavrady, Udupi-576211, Karnataka. ... Appellant/Petitioner/Third Party Claimant /versus/

1. M/s.A.B.Industries by Proprietrix A.Shanthi, Wife of Alagirisamy, No.733/3, Thottipalayam Road, Aerodrome Post, Coimbatore. ... Respondent/Respondent/

Decree Holder

2. M/s.NMR Alloys Rep. by R.Susheela, 3. R.Susheela Wife of Ramananda, 4. Nikitha D/o. Ramananda, 5. Minor Manyaby Guardian and mother R.Susheela, All at 3^rd Floor, Gnanalakshmi Complex, No. 996/997, Meetupalayam Road, R.S.Puram, Coimbatore 641002. ... Respondents/Respondents/

Judgment Debtors Prayer:- Appeal Suit has been filed under Section 96 read with Order 41 Rule 1 of the Civil Procedure Code, to set aside order and Decree dated 02.12.2024 made in E.A.No.1 of 2024 in E.P.No.26 of 2024 before the Commercial Court (District Judge Cadre), Coimbatore, and allow the Appeal.

For Appellant : Mr.V.T.Narendiran For Respondents : Mr.S.Arjun, for R1 : Mr.A.Sriram, for R3 to R5 : Service not completed, for R2

J U D G M E N T

The appellant herein is the unsuccessful third party claimant before the Execution Court, to declare her as the absolute owner of the property, which sought to be attached and sold for recovery of Rs.73,00,000/- being the decree amount, pursuant to the decree dated 02.01.2024 passed in C.O.S.No.72 of 2023 on the file of the Commercial Court ( District Level), Coimbatore.

2. M/s A.B.Industries, the first respondent herein, instituted commercial suit C.O.S.No.72 of 2023 against the second Respondent M/s N.M.R.Alloys, represented by R.Suseela for recovery of Rs.64,41,352/- being the amount due and payable for the supply of cast steel shots, with interest at the rate of 6% for sum of Rs.61,88,652/- from the date of the suit, till the date of realisation. Along with the suit, an application under Order 38, Rule 5 of C.P.C. for Attachment Before Judgement, the property now in dispute was sought.

3. The suit was contested by the defendants stating that the M/s N.M.R.Alloys, a proprietor Firm was run by one Ramananda. After his demise, during the last week of April 2021, the Firm got closed. It is false to plead that the second defendant (Suseela, W/o Ramananda) continuing the business. The third and forth defendants are children of Ramananda. The plaintiff is stranger to defendants 2 to 4. It was also contended that the alleged transaction of sale of goods and outstanding of Rs.61,88,652/- is false and specifically denied. The documents relied by the plaintiff are self-serving and will not bind the defendants.

4. In the application in I.A.No.01 of 2021 filed under Order 38, Rule 5 of CPC for Attachment Before Judgement (ABJ), the learned counsel for the respondents/defendant made an endorsement on 25.04.2022 that the defendant undertakes not to alienate the petition mentioned property till 21.06.2022. Recording the said endorsement, the Court had adjourned the matter to 21.06.2022. Then, the case has been adjourned time to time for enquiry. Finally, on 08.12.2022, the ABJ application was closed based on the undertaking given. Later, the suit was decreed on 02.01.2014. Pursuant to the decree, Execution Petition in E.P.No.26 of 2024 filed under Order XXI, Rule 54 of C.P.C. to attach and sell the property, which was already the subject matter of ABJ application.

5. Meanwhile, the appellant herein, who is the sister of the second defendant/respondent (Tmt.Suseela), had come to know about the SARFAESI proceedings initiated by Indian Bank for the mortgage loan availed by M/s NMR Alloys pledging the title document of the subject property. She came forward to rescue the second defendant on her promise that on clearing the bank debt, she will sell the property to the appellant. On her request and promise, the appellant negotia