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2011 Supreme(Mad) 2084

ELIPE DHARMA RAO, M.VENUGOPAL
E. Prabakaran – Appellant
Versus
Lakshmi Vilas Bank Limited, Hosur – Respondent


Advocates Appeared:
For the Petitioners:N.R. Chandran, Senior Counsel For M/s.S. Niveditha & R. Saranya, Advocates.
For the Respondent:Mrs. Nalini Chidambaram, Senior Counsel For A.V. Radhakrishnan, Advocate.

Judgment :-

M.VENUGOPAL, J.

1. The Petitioners have filed the present Civil Revision Petition as against the order dated 05.03.2004 in M.A.No.34 of 2004 in I.A.No.30 2001 in T.A.No.2234 of 2002 (O.A.No.691 of 1999) passed by the Debts Recovery Appellate Tribunal, Chennai.

2. The Debts Recovery Appellate Tribunal, Chennai, while passing orders in M.A.No.34 of 2004 on 05.03.2004, has, among other things, observed, in paragraph 6, as follows:

"... He further pointed out that even on 7.1.2004 the guarantors wrote letter to the Chairman of the applicant Bank giving the address as Baroda Street only. So, all these correspondence clearly reveal that the appellant was residing in Baroda Street and only for the Baroda Street address all the correspondence were sent and the appellant was also sending letters only from that address. It has not been established that the appellant was not at all residing in 25-A, Baroda Street, West Mambalam, Chennai. Even with regard to the vacating of the premises and the occupation of the premises by another person, there is no intimation at all by the appellants to the Bank. In the absence of any intimation to the Bank, the Bank is not expected to know about th


































































































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