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SUDHANSU JYOTI MUKHOPADHAYA
J. Sinu Simon – Appellant
Versus
The Debts Recovery Appellate Tribunal, Chennai. – Respondent


Advocates:
Counsels for the parties :
For the Petitioner:Mrs. Narmada Sampath, Advocate.
For the Respondents:Tribunal for Respondent No. 1; Mr. V. Bhiman for Sampath Kumar Associates, Advocate for Respondent No. 2.

JUDGMENT

N. Paul Vasanthakumar, J. — Petitioner seeks to quash the order passed by the Debt Recovery Appellate Tribunal, Chennai, the first respondent herein, in IN-164/2007, against the order made in I.A. No. 207 of 2007 in O.A. No. 373 of 2003 on the file of the Debt Recovery Tribunal, Coimbatore, and to direct the first respondent to reject the Application in O.A. No. 373 of 2003.

2. The brief facts necessary for disposal of the Writ Petition as could be seen from the pleadings are as follows:

(a) Petitioner borrowed overdraft machinery loan from second respondent-Bank for his business purpose. Three persons, namely, C.V. Jose William, S. Mary and Benjamin Jacob have deposited the title deeds of their property as collateral security for the said loan. Petitioner has not borrowed any other loan from the second respondent, nor he stood as guarantor for any other loan with the second respondent.

(b) The said three persons, who stood as Guarantors have also given guarantee for sanction of the loan by M/s. J.M. Hardwares and Electricals and the petitioner has no connection with the said loan obtained by the said M/s. J.M. Hardwares and Electricals.

(c) The second respondent filed O.A







































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