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2009 Supreme(Mad) 456

V.RAMASUBRAMANIAN
Ponnusamy & Another – Appellant
Versus
The Debts Recovery Tribunal, Rep. , by its Registrar & Another – Respondent


Advocates Appeared:
For the Petitioners:T.S. Sivagnanam, Advocate.
For the Respondents:R2, S. Sethuraman, Advocate.

Judgment :-

This Civil Revision Petition arises out of an order passed by the Debts Recovery Tribunal, Coimbatore, dismissing an application under Section 5 of the Limitation Act, as not maintainable.

2. I have heard Mr. T.S. Sivagnanam, learned counsel for the petitioners and Mr. S. Sethuraman, learned counsel for the second respondent-Bank.

3. The second respondent-Bank issued a possession notice dated 110. 2007, under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, in exercise of the powers conferred under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act). It was followed by a notice of sale inviting tenders dated 212. 2007.

4. On 11. 2008, the petitioners filed an appeal under Section 17 (1) of the SARFAESI Act, on the file of the Debts Recovery Tribunal, Coimbatore, challenging the possession notice dated 110. 2007 as well as the sale notice dated 212. 2007. Since the challenge to the possession notice was not made within 45 days as prescribed by Section 17(1), the petitioners also filed an application in I.A.No.166 of 2008, under Section 5 o




























































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