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2010 Supreme(Mad) 418

FAKKIR MOHAMED IBRAHIM KALIFULLA, N.KIRUBAKARAN
M/s. Precision Fastenings Represented by its Managing Partner Chennai – Appellant
Versus
State Bank of Mysore Chennai – Respondent


Advocates Appeared:
For the Petitioner:K. Shahul Hameed, Advocate.
For the Respondent:J. Radhakrishnan, Advocate.

Judgment :-

F.M. Ibrahim Kalifulla, J.

The petitioner seeks for issuance of a writ of certiorarified mandamus to call for the records pursuant to the notice dated 8.6.2009 under Section 13(2) of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act (in short "SARFAESI Act") and the possession notice dated 23.11.2009 issued under Section 13(4) of the SARFAESI Act, quash the same and to direct the respondent to restore possession of the petitioner.

2. The petitioner in his supporting affidavit would contend that the petitioner approached the respondent/ Bank for credit facilities. On 7.1.1995, the credit facilities sanctioned by the respondent were cash credit limit for Rs.30 lakhs; over and above facility against the supply of bills for Rs.5 lakhs and Rs.5 lakhs towards Bank guarantee, apart from Rs.10 lakhs towards Letter of Credit to procure raw materials.

3. In respect of the action of the petitioner, there was a claim by the respondent before the Debts Recovery Tribunal-II, Chennai, in O.A.No.28 of 2008 for recovery of a sum of Rs.33,18,464/- with interest at 15% per annum from 23.04.2003 with quarterly rests till realisation with costs.








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