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2011 Supreme(Mad) 1884

D.MURUGESAN, B.RAJENDRAN
V. Sivakumar – Appellant
Versus
Inspector General of Registration Chennai – Respondent


Advocates appeared:
For the Appellants:K. Alagirisamy, Senior Counsel for P. Sukumar, Advocate.
For the Respondents:P. Gurunathan, Government Advocate.

Judgment :-

B. RAJENDRAN, J

1. Both the writ appeals arise out of the orders dated 09.06.2010 made in WP Nos. 30398 and 30399 of 2008 passed by the learned single Judge and therefore they are disposed of by this common judgment.

2. The facts relate to both the writ appeals are that originally, the property in dispute was owned by one Jawahar Mills Limited, hereinafter referred to as 'Mill'. The Mill availed loan facility with Indian Overseas Bank, Salem by mortgaging the property in question. In view of the default committed by the Mill in repayment of the loan amount, Indian Overseas Bank had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act) by issuing notice under Section 13 (2) and possession of the property was also taken over by the bank. Thereafter, on 29.03.2004, the bank issued a publication in newspaper inviting tenders for sale of the property on 30.03.2005. In the tender called for by the bank, one V.S. Murugesan submitted his offer for purchase of the property and he was declared as the highest bidder for Rs.7,00.70,007/-. On being declared as the h








































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