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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Kotak Mahindra Bank Limited – Appellant
Versus
A. Anand Prasad – Respondent
| Table of Content |
|---|
| 1. relief sought in family arrangement validity. (Para 1 , 1 , 2 , 2) |
| 2. details of prior debts and legal proceedings. (Para 3) |
| 3. substantial questions of law clarified. (Para 4) |
| 4. appellant's arguments against validity of family arrangement. (Para 5) |
JUDGMENT :
Feeling aggrieved and dissatisfied with the impugned order dated 14.02.2003, passed in A.S.No.80 of 2022 on the file of the learned VII Additional Judge, City Civil Court at Chennai, reversing the judgment and decree in I.A. No.5 of 2022 in O.S. No.7963 of 2021 dated 06.09.2022 on the file of the VI Assistant Judge, City Civil Court, Chennai, the present Second Appeal has been preferred by the appellant Bank.
(b) for a permanent injunction restraining the 7th defendant, their men, agents and subordinates from interfering with the plaintiff's peaceful possession and enjoyment of the suit property except by due process of law and for costs.
3. The facts leading to the present appeal are as under:
3.2. On 04.02.2017, the Recovery Officer of DRT II, Chennai, passed an order of attachment of the Adyar property on 04.02.2017 on the basis of the Recovery Certificate issued in DRC No.5/2013. The Recovery Officer on 20.12.
An unregistered family arrangement cannot bind third-party creditors; delays in litigation undervalue statutorily established recovery rights.
Application against measures to recover secured debts – Jurisdiction - Jurisdiction of Civil Court is not ousted. However, Civil Courts have to be extremely cautious while granting any interim order ....
The jurisdiction of the civil court is excluded in matters related to the classification of loan accounts as NPA under the SARFAESI Act.
(1) Recovery of loan amount – There is no provision in RDB Act by which remedy of a civil suit by a defendant in a claim by bank is ousted, but it is matter of choice of that defendant.(2) There is n....
The civil court retains jurisdiction to adjudicate on the validity of sale and mortgage deeds under the SARFAESI Act, and a plaint cannot be partially rejected under Order VII Rule 11.
The court articulated that a suit cannot be dismissed at the threshold for alleged insufficiency of court fees if it discloses a valid cause of action, emphasizing the importance of evaluating the me....
The main legal point established in the judgment is the need to exhaust statutory remedies before seeking relief under Article 226 of the Constitution of India, particularly in matters involving the ....
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