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2020 Supreme(SC) 327

A.M.KHANWILKAR, AJAY RASTOGI
Tripower Enterprises (Private) Limited – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Appellant :A. Radhakrishnan Advocate
For the Respondent:Sanjay Kapur, Aswathi M. K., S. Gowthaman, Advocates

JUDGMENT

A.M. Khanwilkar, J.

Leave granted.

2. This appeal takes exception to the judgment and order dated 6.9.2019 passed by the High Court of Judicature at Madras (for short, "the High Court") in Writ Petition No. 11522/2019, whereby the High Court reversed the order dated 29.3.2019 passed by the Debts Recovery Appellate Tribunal (for short, "the DRAT") at Chennai in M.A. No. 90/2018 allowing the application filed by the respondent No. 1 - State Bank of India (for short, "the Bank") before the Debts Recovery Tribunal (for short, "the DRT") at Madurai being I.A. No. 995/2017 in O.A. No. 11/2008, directing return of original documents - Exhibits A110 to A114 deposited by the Bank before the DRT in O.A. No. 11/2008. In other words, the High Court affirmed the order of the DRT rejecting subject application.

3. Shorn of unnecessary factual matrix, suffice it to observe that the respondent No. 3 - M/s. Rukmini Mills Ltd. (for short, "the borrower") had availed of financial credit from the Bank, for which the respondent No. 2 - Associated Trading Corporation Pvt. Ltd. (for short, "the guarantor") had offered its immovable property by way of mortgage to the Bank. The borrower committed defau


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