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[Cites 1, Cited by 0]

Madras High Court

R.Vijayakumar vs Punjab National Bank on 17 December, 2018

Author: K.Kalyanasundaram

Bench: K.Kalyanasundaram

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                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 17.12.2018
                                                          CORAM
                                   THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                                    C.S.No.209 of 2015
                                                  and O.A.No.293 of 2015




                      1. R.Vijayakumar
                      2. R.Ramkumar
                      3. Radhika Vijayakumar                                           ... Plaintiffs

                                                            Vs

                      1. Punjab National Bank,
                         Rep. by its Assistant General Manager,
                         T.Nagar Branch having office at
                         No.10, Raja Street,
                         Chennai - 600 017.
                      2. National Stock Exchange,
                         Rep. by its Branch Manager,
                         Having Branch Office at
                         8th Floor, Arihant Nitco Park,
                         No.90, Dr. Radhakrishnan Salai,
                         Mylapore, Chennai 600 004.                                ... Defendants


                                Plaint filed under Order VII Rule 1 of CPC read with Order IV Rule 1
                      of O.S. Rules, praying for judgment and decree as follows:
                          a) Declaration that the invocation of the pledge of 6,58,426 shares of
                            the pledged shares of M/s. Gemini Communications Ltd. belonging
                            to the plaintiffs, by the defendant Bank in their name, namely,
                            Punjab National Bank on 25.02.2015 as null and void;



http://www.judis.nic.in
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                          b) Consequential mandatory direction to restore the pledged shares of
                            M/s. Gemini Communication Ltd. belonging to the plaintiffs, by the
                            defendant bank in their name, namely, Punjab national Bank on
                            25.02.2015 and to restore the same in the name of the plaintiffs as
                            set out below:

                                 S.      No. of Shares      Name of the      Shares Pledged by
                                No.                            Bank
                                     1   23,84,705          PNB              Vijay Kumar
                                     2   5,57,523           PNB              Ram Kumar
                                     3   33,19,400          PNB              Radhika
                                                                             VijayKumar


                          c) Permanent injunction restraining the defendants from alienating
                            the pledged shares of the plaintiffs without notice and due process
                            of law; and
                          d) Costs of the suit.




                                For Plaintiffs           : Mr.V.Sankaranarayanan
                                For Defendants           : Mr.S.Arunkumar, for D1
                                                           Mr.M.L.Ganesh, for D2



                                                         JUDGMENT

The learned counsel appearing for the plaintiffs seeks permission of this Court to withdraw the Civil Suit and he has also made an endorsement to that effect.

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2. Recording the above submission and endorsement made by the learned counsel for the plaintiffs, the Civil Suit is dismissed as withdrawn. No costs. Consequently, connected application is closed.

17.12.2018 Index : Yes/No Internet: Yes/No Speaking Order/Non Speaking Order pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.

http://www.judis.nic.in 4 K.KALYANASUNDARAM, J., pvs C.S.No.209 of 2015 17.12.2018 http://www.judis.nic.in