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2010 Supreme(Mad) 5458

D.MURUGESAN, VINOD K.SHARMA
G. Karunanidhi – Appellant
Versus
The Chief Manager/Authorised Officer – Respondent


Advocates Appeared:
For the Petitioner:K. Sakthivel, Advocate.
For the Respondents:Jayesh Dolia, Advocate.

Judgment :-

VINOD K.SHARMA, J.

1. The petitioner by invoking the extraordinary supervisory jurisdiction of this Court has prayed for issuance of a writ of prohibition prohibiting the Chief Manager/Authorised Officer, Indian Bank Circle Office, the first respondent herein from invoking the provisions of the SARFAESI Act, 2002 in respect of the petitioners staff housing loan in pursuance of the notice dated 20.8.2010 of the first respondent under Section 13(2) of the SARFAESI Act.

2 The pleaded case in the affidavit read as under: The petitioner joined the services of the Indian Bank in the year 1974 and was posted as Branch Manager of the Kotturpuram branch from 8.7.1993 to 31.3.1996. The petitioner thereafter joined as Senior Manager, Marketing Department at the head office of the respondent bank.

3 The petitioner availed staff housing loan of sum of Rs.60,000/- (Rupees sixty thousand only) in Sanction Ticket No.2347 dated 27.11.1981, sum of Rs.65,000/- (Rupees sixty five thousand only) in Sanction Ticket No.428 dated 14.6.1988 and Rs.70,000/- (Rupees seventy thousand only) in Sanction Ticket No.1496 dated 3.7.1992. The petitioner claims that out of this amount, a sum of Rs.67,531/-

















































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