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2009 Supreme(Mad) 5102

K.VENKATARAMAN, D.MURUGESAN
ICICI Bank Limited rep. by its Assistant General Manager Mr. P. Ananda Krishna Kumar – Appellant
Versus
The Presiding Officer DRT, Coimbatore & Others – Respondent


Advocates Appeared:
For the Petitioner:A.L. Somayaji, Senior Counsel, V. Perumal, R. Shankaranarayanan, Advocates.
For the Respondents:P.S. Raman, Advocate General, assisted by, Pushpa Menon, Ajit K. Sinha, Senior Counsel for R. Parthasarathy, S.R. Sundar Asst. Official Liquidator for Official Liquidator (impleaded party).

Judgment :-

D. Murugesan, J.

The petitioner has come up with the present writ petition for a mandamus directing the first respondent to proceed with the recovery of amounts in pursuance of the Recovery Proceedings No.117 of 2003 and pass all incidental orders necessary for such recovery.

2. The facts leading to the filing of the writ petition as put forth in the affidavit in support of the writ petition are set out hereunder:-

2. 1. The petitioner (hereinafter referred to as "the bank") is a banking company and carrying out banking business. In that process, the third respondent, Sajjan Textile Mills Limited (hereinafter referred to as "the Mill") had availed term loan facilities from the bank to the tune of Rs.580 lakhs. To secure the same, the Mill hypothecated and created equitable mortgage in favour of the bank in respect of its movable and immovable properties situate at Nilakottai, Dindigul. The Mill committed default in repayment of the loan availed by it. Therefore, the bank filed two civil suits before the High Court, Bombay, in the year 1999 for recovering the sum of Rs.8,36,15,087/-. One suit was laid against the Mill and another against the guarantors. Those suits were t






















































































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