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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.Justice Anita Sumanth, Mr.Justice N.Senthilkumar, JJ
N.Umayal Achi – Appellant
Versus
DBS Bank of India Ltd. – Respondent
| Table of Content |
|---|
| 1. fraud and unauthorized use of deposits. (Para 2) |
| 2. arguments regarding jurisdiction and procedural oversight. (Para 4 , 7 , 8) |
| 3. court's observation on prior judgment and need for remand. (Para 5 , 9 , 11) |
| 4. clarification on civil court jurisdiction against drt. (Para 12) |
| 5. final remand for fresh consideration of litigated issues. (Para 13) |
JUDGMENT
N.SENTHILKUMAR, J.
The Appeal is filed to set aside the Judgment and Decree dated 22.12.2023 passed in C.S.No.413 of 2017 and to decree the suit C.S.No.413 of 2017 as prayed for with costs.
2.The appellant has filed a Suit in C.S.No.413 of 2017 for the following prayers:
(a) Declaring that the pledge/lien/charge or any form of security created in favour of the 1st defendant over the plaintiff fixed deposits' more fully described in the Schedule hereunder is unenforceable in law, null and void and not binding on the plaintiff and consequently direct the 1st Defendant to return the plaintiff's original fixed deposit receipts more fully described in the Schedule to the plaintiff.
(b) Direct the 1st defendant to render true and proper accounts to the plaintiff in respect of the interest accrued less taxes if any in the aforesai
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