Arb.Appln.No.69 of 2022

and A.No.6022 of 2019

Arb.Appln.No.69 of 2022

and

A.No.6022 of 2019

M.SUNDAR, J

Read this in conjunction with and in continuation of earlier proceedings

made in the previous listings on 22.02.2022 and 08.03.2022, which read as

follows:

Proceedings dated 22.02.2022:

'Mr.D.Pradeep Kumar, learned counsel for applicant

(Arb.Appln.No.69 of 2022) submits that the captioned application

has been taken out with a prayer to raise the attachment as the

matter has since been settled.

2. Issued notice to respondents returnable in a fortnight i.e.,

returnable by 08.03.2022. Private notice permitted. Private notice

through all electronic modes of communications (subject to proof

being demonstrated) also permitted.

3. List on 08.03.2022.'

Proceedings dated 08.03.2022:

'Adverting to earlier proceedings dated 22.02.2022 learned

counsel Mr.D.Pradeep Kumar requests for further time. Request

acceded to.

2. List a fortnight hence. List on 22.03.2022.'

Page No.1/6

https://www.mhc.tn.gov.in/judis

Arb.Appln.No.69 of 2022

and A.No.6022 of 2019

2. Pursuant to the aforementioned earlier proceedings, Affidavit of Service

(AOS) filed in this Court vide Diary No.7148 of 2022 has been placed before

this Court and names of both the respondents have also been shown in the

cause list.

3. Prayer in the captioned application (Arb.Appln.No.69 of 2022) is to

raise an order of attachment dated 26.09.2019 made in A.No.6022 of 2019

(attaching immovable property belonging to the respondent). To be noted, the

'Non-Banking Finance Company' ['NBFC'] in whose favour aforementioned

attachment order is operating itself has sought to raise the attachment saying

that the matter has been settled. This is articulated in paragraph No.4 of the

support affidavit which reads as follows:

'4. I state that the Hon'ble Court by order dated 26.09.2019

was pleased to pass an order attaching the immovable property. I

state that pursuant to the attachment order passed by this Hon'ble

Court the matter got settled.'

{underlining made by this Court to

supply emphasis and highlight}

4. The immovable property which is subject matter of attachment (as

described in the Schedule of property in the Judge's summons) is as follows:

Page No.2/6

https://www.mhc.tn.gov.in/judis

Arb.Appln.No.69 of 2022

and A.No.6022 of 2019

'SCHEDULE OF PROPERTY

Lands situated in Mauza-Tentuli Padar, Tahsil-Boudh, Tahsil

No.60, Police Station-Boudh, Police Station No.73, District-Boudh,

Serial No. of Khatiyan-25/34, Plot No. and Name of the Chakbandi

and Area as follows:-

Plot No and Name

of Chakbandi

(Consolidated

Holding) No.

Type of Plot

property

Description

of Total

Rakba

Acre Decima

1

Hector

3 JAMUKHET

SARAD EEK

N- MOUZA-

BASUMPUR

S-CANEL ADI

0

050

0.0202

4 JAMUKHET

SARAD JAL

EEK KITA/5

N-MOUZA-

BASUMPUR

S-CANEL ADI

0

500

0.2023

9 DADAR

AAT

N-

CANELAADI

S-OWN

0

320

0.1295

43

KHALIAAMAAL

SARAD DUE

KITA/7

N-OWN S-

SUSAN

1

100

0.4452

49 KENDU KHET

SARAD EEK

N-OWN S-

OWN

0

540

0.2185

54

GHARBARI

BARI

0

260

0.1052

66 GHARTADA

SARAD EEK

N-OWN S-

OWN

0

070

0.0283

70 GAATAL

SARAD EEK

N-OWN S-

OWN

0

020

0.0081

84

BIMBHA

CHACK

SARAD EK

KITA/6

N-OWN S-

OWN

0

380

0.1538

85

BIMBHA

CHACK

SARAD EK

KITA/2

N-OWN S-

OWN

0

220

0.089

86 DANDI KHET

SARAD EEK

N-RASTA S- 0

600

0.2428

Page No.3/6

https://www.mhc.tn.gov.in/judis

Arb.Appln.No.69 of 2022

and A.No.6022 of 2019

Plot No and Name

of Chakbandi

(Consolidated

Holding) No.

Type of Plot

property

Description

of Total

Rakba

Acre Decima

1

Hector

OWN

92

SUNDIMUNDA

CAK

SARAD DUE

N-OWN S-

SAHEB

PRADHAN

0

220

0.089

102

SUNDIMUNDA

BANDHTAL

SARAD DUE

KITA/2

N-OWN S-

OWN

0

090

0.0364

117 BURMAAL

MAAL EEK

N-OWN S-

SAHEB

PRADHAN

0

080

0.0324

128

TALMUNDACHA

K

SARAD DUE

KITA/2

N-OWN S-

OWN

0

400

0.0161

9

130/693

TALMUNDA

CHACK

AAT

N-SUSAN S-

OWN

0

020

0.0081

16 PLOTS

4

870

1.9707

Estimated Value Rs.7,50,000/- within SRO Tehsil-BOUDH'

5. In the light of the narrative thus far, the ord