Claim petition - Dismissal for default -No attachment reflected in encumbrance certificate -Claim petition restored on payment of costs.

Citation

AIROnline 2023 MAD 1229

Madras High Court

(MADURAI BENCH)

P. VADAMALAI , J.

C.R.P(NPD)(MD) - 1920 of 2018 D/- 28 - 7 -

2023

R.Amirthapandian v. M/s.Arooran Sugars

Ltd.Chennai

Civil P.C. (5 of 1908), O.21 R.58 - Claim

petition - Dismissal for default - Restoration - Properties were attached in execution proceedings - No attachment reflected in encumbrance certificate - Procedural dismissals should not prevent bona fide purchasers from asserting their right to contest the matter on its merits, especially when encumbrance certificate do not indicate any prior attachment before judgment - Claim petition restored on payment of costs. (Paras 6 , 7