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2011 Supreme(Mad) 4587

D.MURUGESAN, K.K.SASIDHARAN
Anbalayam Textiles Private Ltd. , rep. By its Chairman, P. Veerasamy – Appellant
Versus
The Chairman cum Managing Director, Tamil Nadu Industrial Investment Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellant:C. Prakasam, Advocate.
For the Respondents - R2 - K.V. Sundararajan, R3 - K. Ramu, Advocates.

JUDGMENT

K.K.SASIDHARAN, J.

1. The legality and correctness of the sale of mortgaged property made by the State Finance Corporation for an amount less than the market value indicated in the Valuation Certificate prepared by the Registered Valuer, without fixing the reserve price, rejecting the request made by the borrower to pay the amount quoted by the successful bidder even before the payment of 90% of the balance consideration and thereafter, belatedly accepting the balance amount from the successful bidder without forfeiting the earnest money in accordance with the auction condition, is the core question involved in this writ appeal.

CONSPECTUS OF FACTS :-

2. The appellant was granted financial assistance by the Tamil Nadu Industrial Investment Corporation [hereinafter referred to as the Corporation] during the year 1994. The immovable property which is the subject matter of the present litigation was given as security. The appellant was running a spinning mill and due to market recession, they sustained severe loss and as a result, the loan installments were not paid as per the agreement. The Corporation agreed to settle the account by way of one time settlement. As per the

























































































































































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