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2005 Supreme(Mad) 1050

FAKKIR MOHAMED IBRAHIM KALIFULLA
PNL Depositors’ Welfare Association – Appellant
Versus
Union of India by Secretary to Government – Respondent


Advocates Appeared:
Mr. K.M. Vijayan, Senior Counsel for M/s. La Law, Advocate for Petitioner. Mr. K.K. Sasidharan, Government Pleader (Pondy) for Respondents No. l, 3 & 4; Mr. A.L. Somayaji, Senior Counsel for Respondent No.4; Mr. V.T. Gopalan, Additional Solicitor General for Jeyesh B. Dolia for M/s. Aiyar & Dolia, Advocates for Respondent No. 5.

Judgment :

1. In all these Writ Petitions and Writ Petition Miscellaneous Petitions, the controversy centres around the proceedings initiated by the Indian Bank (Petitioner in W.P. No. 10077 of 2005) (hereinafter referred to as “Indian Bank”) under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “SARFAESI Act”).

2. W.P. No. 9834 of 2005 has been filed by PNL Depositors’ Welfare Association. The prayer is for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 therein to initiate necessary action to safeguard the interest of the depositors of the sixth respondent, namely, PNL Nithi Limited, Pondicherry by taking appropriate action under the provisions of law. In this Writ Petition, W.P.M.P. No. 14620 of 2005 has been filed by the Indian Renewable Energy Development Agency Limited (in short, “IREDAL”) for getting itself impleaded as one of the party-respondents. A similar petition has been filed in W.P.M.P. No.23476 of 2005 by Pondicherry Non-Banking Investors’ Protection Association.

3. W.P. No. 13593 of 2005 has been filed by Pondicherry Branch of Bank of Baroda, praying for the i









































































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