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2020 Supreme(Mad) 665

P.T.ASHA
R. Kumar – Appellant
Versus
T. A. S. Jawahar Ayya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.V. Sundararjan.
For the Respondent: K. Chandrasekhar.

JUDGMENT :

P.T. ASHA, J.

Prayer: Judges Summons filed under Order XIV Rule 8 of the Original Side Rules read with Section 94 and 151 and Order 39 Rules 1 and 2 of the CPC praying to grant ad interim injunction restraining the 4th respondent/4th defendant from in any way dealing with the schedule property pending disposal of the above suit.

1. This is an application filed by the plaintiffs seeking an ad-interim injunction restraining the 4th respondent/4th defendant from alienating the property described in the schedule to the Judges summon. The applicants have filed the suit C.S. No. 431 of 2019 for recovery of a sum of Rs. 1,04,25,000/- together with interest at the rate of 30% per annum due towards the loan borrowed by the 1st defendant from the plaintiffs on the security of the simple mortgage deed.

2. When the above application was taken up for hearing Mr. K. Chandrasekhar, learned counsel for respondents 3 and 4 took out a preliminary objection stating that no orders can be passed in the application by this Court as the dispute involved in the suit is one that comes within the jurisdiction of the Commercial Court. The learned counsel requested this Court to consider this issue as

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