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M/s. Euro Leder Fashion Ltd. Rep. By its Managing Director v/s Indian Bank Rep. By its Manager, Chennai

    C.R.P.No.3410 of 2009 & M.P.No.1 of 2009

    Decided On, 12 March 2010

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN

    For the Petitioner: R. Yasod Vardhan, Senior Counsel for P. Valliappan, Advocate. For the Respondent: L. Prabhakar, Advocate.



Judgment Text

(Prayer: Petition filed under Article 227 of the Constitution of India, against the order, dated 26.10.2009, passed in I.A.No.1903 of 2009 in O.S.No.666 of 2009, on the file of the District Munsif Court, Alandur.)


Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned counsel appearing for the respondent.


2. At this stage of the hearing of the civil revision petition, the learned Senior Counsel appearing on behalf of the petitioner had submitted that, the auction proposed to be held, on 29.10.2009, had not been held, due to the interim order granted by this Court, on 27.10.2009. Therefore, instead of going into the merits of the civil revision petition, the District Munsif Court, Alandur, may be directed to dispose of the application, in I.A.No.1903 of 2009, in O.S.No.666 of 2009, on merits and in accordance with law, within a specified period.


3. The learned counsel appearing on behalf of the respondent has no objection for this Court passing such an order. He had also submitted that the auction of the property in question cannot be done, without issuing 30 days notice of such auction.


4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the learned District Munsif, Alandur, is directed to hear and dispose of the application, in I.A.No.1903 of 2009, in O.S.No.666 of 2009, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy

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of this order. The civil revision petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
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