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2007 Supreme(Mad) 2519

P.D.DINAKARAN, P.R.SHIVAKUMAR
K. Chidambara Manickam – Appellant
Versus
Shakeena – Respondent


Advocates Appeared:
For the Appellant:AR. L. Sundaresan, Senior Counsel, AL. Ganthimathi, Advocate.
For the Respondents:R1, R.S. Ramanathan, R2 & R3, F.B. Benjamin George, Advocates.

Judgment :-

P.D. Dinakaran, J.

These writ appeals have been preferred by the appellant against the common order dated 09.03.2007 of the learned Single Judge made in W.P.(MD)Nos.634 and 635 of 2006.

2. Brief facts, sans unnecessary details, leading to the filing of these writ appeals are stated herein under:-

2.1. The first respondent in both the writ appeals, who have obtained a loan of Rs.10,00,000/-each from the second respondent/bank, are hereinafter referred to as "borrowers". As they defaulted in repayment, the second respondent/bank issued notices dated 19.10.2004 and 01.12.2004 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, "SARFAESI Act") to the borrowers, calling upon them to discharge the loan within sixty days.

2.2. As the borrowers have not complied with the said demand, the second respondent/Bank, alleging that as on 31.10.2004, a sum of Rs.10,72,483/-was due from each of them, directed the borrowers to discharge the loan amounts with interest at the rate of 11.75% per annum within a period of sixty days. In replication, the borrowers by representations dated 10.12.2004 and














































































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