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2010 Supreme(Mad) 914

V.RAMASUBRAMANIAN
Punjab National Bank, Represented by its Manager & Another – Appellant
Versus
J. Samsath Beevi & Others – Respondent


Advocates Appeared:
For the Applicants:M.L. Ganesh, Advocate.
For the Respondents:R.Thiagarajan, Advocate.

Judgment :

While the first application is filed by the first defendant-Punjab National Bank, the second application is filed by the 10th defendant-auction purchaser, both seeking the rejection of the plaint under Order VII, Rule 11, CPC.

2. I have heard Mr.M.L.Ganesh, learned counsel for the applicant-bank in A.No.5583 of 2009 and Mr.R.Karthikeyan, learned counsel appearing for the applicant/ 10th defendant and Mr.R.Thiagarajan, learned counsel for the respondents/plaintiffs.

3. In pursuance of Certificates of Recovery issued by the Debts Recovery Tribunal, Chennai, in O.A.Nos.137 of 2003, 61 of 2003 and 287 of 2002, 3 banks viz., Punjab National Bank, Union Bank of India and State Bank of India, who are defendants 1 to 3 herein, brought certain items of properties, belonging to the borrowers and guarantors. After moving applications to set aside the Certificates of Recovery and the Certificates of sale, the plaintiffs herein have come up with the above suit, praying for the following reliefs:-

.(a) For a declaration that the purported sales held on 27. 2009, 27. 2009 and 27. 2009 in respect of the suit schedule properties covered by the auction notice dated 26. 2009 in respect o













































































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