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2008 Supreme(Mad) 313

M.VENUGOPAL, SUDHANSU JYOTI MUKHOPADHAYA
Ravi Enterprises, Rep by its Partner, Thiruvottiyur, Chennai & Others – Appellant
Versus
Indian Bank Thiruvottiyuur Branch, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioners:AR.L. Sundaresan, S.C., K.N. Nataras, Advocate.
For the Respondents:R1, Ritachandrasekaran, Aiyar & Dolia, R3, K. Doraisamy, S.C., C.K.M. Appaji, Advocates.

Judgment :-

The petitioners have filed the present Writ Petition praying for an issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent viz., the Chairperson, Debt Recovery Appellate Tribunal, Chennai in regard to the order dated 10.05.2007 passed in M.A.No.205 of 2006 and M.A.No.206 of 2006 and quash the same and consequently, not to confirm the auction held on 110. 2006 in DRT.No.103 of 1999 on the file of Debts Recovery Tribunal-I in respect of the schedule mentioned property.

.2. The writ petitioners are the defendants in O.A.No.1774 of 1998 before the Debts Recovery Tribunal, Chennai. The first respondent Bank has filed O.A.No.1774 of 1998 against the writ petitioners/defendants for recovering a sum of Rs.20,71,776/-with interest at 19.89% per annum with quarterly rests from the date of application till the date of realisation with costs and for sale of the plaint schedule property. The writ petitioners/defendants 1 to 4 were set exparte and an order was passed on 08.04.1999 by the Debts Recovery Tribunal, Chennai declaring that the first respondent Bank is entitled to the Recovery Certificate against the writ petitioners/defendants 1 to






















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