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2006 Supreme(Mad) 2126

ELIPE DHARMA RAO
Indian Bank & Others – Appellant
Versus
The Chief Judicial Magistrate, Pondicherry & Others – Respondent


Appearing Advocates: For the Appearing Parties: V.T. Gopalan, Senior Counsel for M/s. Aiyar & Dolia, P.S. Raman, Sr. Counsel for M/s. Gupta & Ravi, V.T. Gopalan, S.C. for M/s. Aiyar & Dolia, Mr. T.R. Rajagopalan, S.C. for T.R. Rajaraman, T. Murugesan, Senior Govt. Pleader, Sr. Govt. Pleader, G. Rajagopalan, Senior Counsel for M/s. Gupta and Ravi, R. Viduthalai, S.C. for M/s. Rangarajan and Prabhakaran.

Judgment :-

(Revision Petition under Art.227 of the Constitution of India, against the proceedings of the Chief Judicial Magistrate, Pondicherry in Crime No.31 of 2004.

Petition under Art.226 of the Constitution of India, praying for a Writ of Mandamus directing the 3rd respondent to forthwith return to the petitioner such sums as would be due from out of the total sale consideration, after deducting the cost, charges and expenses and the dues of the 2nd respondent incurred upto 1-1-2005 on which date the possession had been taken over and forthwith return the remaining documents of title pertaining to the movable and immovable properties belonging to the petitioner after lifting the 2nd respondent's charge, sugar and molasses stocks.)

Common Order:

The above Civil Revision Petition and the eight writ petitions are disposed of by this common order as the facts involved in each case are interconnected and have a bearing on the issues arising out of the said facts.

2. On 25-5-1983, M/s. New Horizon Sugar Mills Limited, Pondicherry availed credit facilities from the Indian Bank, M.G. Road, Pondicherry, to the tune of Rs.26,50,00,000/-. The said mill offered as security its land and build





















































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