M/S. CJP INDUSTRIES Vs. AMITHA BISHNOI
LAWS(MAD)-2020-3-119
HIGH COURT OF MADRAS
Decided on March 20,2020

M/S. Cjp Industries Appellant
VERSUS
Amitha Bishnoi Respondents

JUDGEMENT

R. Suresh Kumar, J. - (1.) This Appeal has been directed against the fair and decretal order passed by the learned single Judge of this Court in A.No.4830 of 2018 in A.No.1436 of 2018 in E.P.No.146 of 2016, by order, dated 04.06.2019.
(2.) The fact in nutshell to be noted for the disposal of this Appeal are as follows : (i) that the appellant herein is the decree-holder against the third respondent herein, who is the judgment-debtor. The appellant / decree-holder, in order to execute the decree, filed Execution Petition in E.P.No.146 of 2016, where the appellant / decree-holder sought for attachment of an immovable property. (ii) In the said E.P, order of attachment was made on 05.04.2017 by the learned Master of this Court. Pursuant to the said attachment and after coming to know of the said attachment, the respondents 1 and 2 herein, who were the third parties filed an application in A.No.3223 of 2017 in the E.P, seeking to raise the attachment on the ground that, the property in question, which was attached, was not belonged to the third respondent / judgment-debtor, instead, the property belonged to the first and second respondents. However it has been wrongly quoted, as if the property belongs to the third respondent / judgment-debtor, therefore on that ground the respondents 1 and 2 sought for raising the attachment in their application, i.e., in A.No.3223 of 2017. (iii) When the said application filed by the respondents 1 and 2 was pending consideration before the Execution Court / Master Court, the present appellant, who is the decree-holder, had filed an application in A.No.1436 of 2018, where, the appellant / decree-holder sought for a prayer to issue subpoena to the Bank Manager, namely, Vijaya Bank, Adyar Branch to furnish before the Court, the entire records pertaining to the bank statements of the persons, in whose names, the property was purchased / settled, namely Mr.Ajaykumar Bishnoi, Mrs.Amita Bishnoi, Mr.Akshay Kumar Bishnoi bearing Account Numbers 30010101 0006986, 3001010 1100 0564, 30010101 0007209, 30010101 1001039 and 60330101 1000343. (iv) In the said application, i.e., A.No.1436 of 2018 filed by the appellant / decree-holder to issue subpoena to the bank authorities, counter affidavit had been filed by the respondents 2 and 3 and after hearing both parties, the learned Master, on 27.04.2018 passed an order, issuing subpoena to the Manager as has been prayed for. (v) Aggrieved over the said order made by the learned Master in A.No.1436 of 2018, the respondents 1 and 2 filed Application in the form of appeal before the learned Judge of this Court on the Original side in A.No.4830 of 2018 with a prayer to set aside the order passed by the learned Master, dated 27.04.2018 in A.No.1436 of 2018 issuing subpoena to the Bank authorities. (vi) The said application in A.No.4830 of 2018 was heard by the learned Judge, who, through the impugned order, dated 04.06.2019 allowed the said application by setting aside the order, dated 27.04.2018 passed by the learned Master in A.No.1436 of 2018 issuing subpoena to the bank officials. Felt aggrieved over the said order of the learned Judge, dated 04.06.2019 made in A.No.4830 of 2018, the appellant preferred this intra-Court Appeal.
(3.) We have heard Mr.Ravi Raja, learned counsel appearing for the appellant, Mr.Sharath Chandran, learned counsel appearing for respondents 1 and 2 and Mr.Nithiyaesh, learned counsel appearing for the third respondent.;


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