R.BANUMATHI, B.RAJENDRAN
Mrs. Saraspathy Sundararaj Proprietrix – Appellant
Versus
The Authorised Officer and Assistant General Manager, State Bank of India, Chennai – Respondent
B.RAJENDRAN, J
1. The petitioner has filed this writ petition praying for a Writ of Certiorarified Mandamus calling for the records relating to the possession notice dated 16.09.2004 issued by the respondent under the SARFAESI Act and consequently direct the respondent to effect the settlement in accordance with the SBI OTS-SME 2010 Scheme as contained in its letter dated 18.03.2010 and unconditionally restore physical possession of the six rooms taken physical possession by it at No.29, Sarojini Street, T. Nagar, Chennai – 17 with such damages.
2. The brief facts are that the petitioner availed credit facilities from the respondent bank for improving her watch sales business. Since the petitioner committed default in repayment of the loan, the respondent issued the notice under Section 13 (2) of the SARFAESI Act to the petitioner on 05.07.2004. According to the petitioner, since she sustained loss in her business and that she could not repay the loan to the respondent bank, she constructed six rooms in her residential property, part of which has been mortgaged to the respondent/bank. According to the petitioner, she has been letting the rooms to third parties by charging
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