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2010 Supreme(Mad) 1824

C.NAGAPPAN, T.S.SIVAGNANAM
Hamosons Apparels Pvt. Ltd – Appellant
Versus
Indian Bank & Another – Respondent


Advocates Appeared:
For the Petitioners:T.R. Rajagopalan, Senior Counsel for Zaffarullah Khan, Advocate.
For the Respondent:G. Masilamani, Senior Counsel for Jeyesh B. Dolla and AR. L. Sundaresan, Senior Counsel for A. Damodaran, Advocate.

Judgment :

C. NAGAPPAN, J.

The petitioner Company has sought for issuance of a writ of certiorari to quash the records of the Debts Recovery Appellate Tribunal, Mumbai, in IN (SA) No.40 of 2008, dated 11. 2009, confirming the notice issued by the first respondent on 111. 2005 under Section 13(4) of the Act.

2. Briefly, the facts are as follows:

The petitioner company and its group concerns comprising of Hanif Brothers; H.M. Hajee Mossa; and Hamosons availed loan of Rs.233.83 lakhs by mortgaging two Immovable properties with respondents 1 and 2 Bank and there was default in repayment and respondents Bank filed application in O.A. No.1517 of 1998 before the Debts Recovery Tribunal-I, Chennai, for recovery of a sum of Rs.2,51,69,849.27 from the petitioner Company and it was transferred to the Debts Recovery Tribunal-II, Chennai, and re-numbered as O.A. No.1214 of 2001 and respondents 1 and 2 Bank filed another application in O.A. No.1526 of 1998-before the Debts Recovery Tribunal-I, Chennai, for recovery of a sum of Rs.31,31,686.75 from Hanif Brothers and it was transferred to the Debts Recovery Tribunal-II, Chennai, and re-numbered as O.A. No.1217 of 2001 and they also filed applicati
































































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