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2007 Supreme(Mad) 3466

SUDHANSU JYOTI MUKHOPADHAYA, N.PAUL VASANTHAKUMAR
Indian Bank, Esplanade Branch, No. 6, Esplanade Road, Esplanade, Chennai-600 108 & Others – Appellant
Versus
Mona Packaging Products & Others – Respondent


Advocates:
For the Appearing Parties: Jayeesh Dolia for M/s. Aiyar & Dolia, Narmada Sampath, A. Muralidharan for M/s. Menon & Goklaney, Associates.

Judgment :-

S.J. Mukhopadhaya, J.

As all these writ petitions arise out of a common proceeding initiated by the Debts Recovery Tribunal (hereinafter referred to as DRT), they were heard together and disposed of by this common order.

2. In two writ petitions, W.P.No.27557/07 (petitioner M/s. Indian Bank) and W.P.No.25382/07 (petitioner M/s. ICMC Packaging Ltd.), the petitioners have challenged order dated 1st March, 2007, passed by Debts Recovery Appellate Tribunal, Chennai, (hereinafter referred to as DRAT) in M.A. No.214/06. Further prayer has been made to direct the concerned respondents 1 to 4 to hand over vacant possession of the property and the movables sold. Aforesaid two petitioners, M/s. Indian Bank and M/s. ICMC Packaging Ltd., are also petitioners in W.P. Nos.26631 and 25383/07. In these cases, they have challenged order dated 23rd May, 2007, passed by DRAT, Chennai, in I.A. No.450/07 in I.N. No.307/07 with further prayer to direct respondents 1 to 4 to hand over vacant possession of the property and movables sold.

W.P. No.29611/05 has been preferred by M/s. Mona Packaging Products (Borrower), challenging auction sale notice issued under the Recovery of Debts due to Bank














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