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SATISH K.AGNIHOTRI, K.K.SASIDHARAN
B. Kamal – Appellant
Versus
Ramasamy – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: Mr. Kuberan for M/s. Rank Associates
For the Respondent No.1: Mr. S. Sethuraman
For the Respondent Nos.2 to 4: given up
For the Respondent No.5: Mr. V. Kalyanaraman for M/s. Aiyar and Dolia

ORDER

K.K. Sasidharan, J—The apprehension that the proceedings challenging the Sale Certificate would be decided in the absence of the auction purchasers appears to be the reason which made the petitioner to file this Civil Revision Petition invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

Brief facts:

2. The first respondent availed financial assistance from the Vadapalani Branch of Indian Bank. Since the loan amount was not paid as per schedule and the account was found non performing, the Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “SARFAESI Act”). The property bearing Plot No.5, Varghese Avenue, Ashok Nagar, Chennai which was offered as security was put in auction. The petitioner along with respondents 2 to 4 purchased the property pursuant to the sale notification. The SARFAESI Application filed by the first respondent along with three others, was dismissed by the Debts Recovery Tribunal (hereinafter referred to as “DRT”). The related appeal was allowed by the Debts Recovery Appellate Tribunal, Chennai






















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