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AHSANUDDIN AMANULLAH, B. S. BHANUMATHI
Challa Anjaneya Prasad – Appellant
Versus
Tamil Nadu Merchantile Bank Limited – Respondent
JUDGMENT :
AHSANUDDIN AMANULLAH, J.
1. Heard Mr. N. Vijay, learned counsel, representing Mr. T. Sreedhar, learned counsel for the petitioner and Mr. K. Harinarayana, learned counsel for the respondents.
2. The petitioner has moved the Court for the following relief:
3. The disput
Writ court declines jurisdiction over SARFAESI auction disputes with factual issues; directs to DRT under Section 17.
Sale of properties is confirmed in favour of petitioner at Rs.3,00,51,425/- out of which a sum of Rs.2,80,51,425/- has already been paid to the secured creditor and is acknowledged to have been recei....
Court while it is true that the statute does mandate and envisage the deposit being made in accordance with the provisions made in sub rule (3), this Court cannot shut its eyes to the unprecedented s....
Legal heirs can seek return of the auction deposit under SARFAESI Act provisions if proceedings are delayed.
The main legal point established in the judgment is the court's authority to relax statutory time limits, particularly in extraordinary circumstances such as the COVID-19 pandemic, to address the har....
Point of Law : Court while it is true that the statute does mandate and envisage the deposit being made in accordance with the provisions made in sub-rule (3), this Court cannot shut its eyes to the ....
The extension of the time limit for depositing the remaining sale amount and the forfeiture of the deposit are governed by the agreement between the purchaser and the secured creditor, and judicial r....
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