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2012 Supreme(Mad) 3523

D.MURUGESAN, K.K.SASIDHARAN
Hemalatha Ranganathan – Appellant
Versus
Authorised Officer Indian Bank Circle Office – Respondent


Advocate Appeared:
For the Petitioner:S. Sethuraman, Advocate.
For the Respondent:Mrs. S. Hemalatha for M/s. Tha. Sirish Chowdhary, Advocates.

Judgment :-

K.K.SASIDHARAN, J

Introductory:

1. The collusive sale made by the Authorised Officer, Indian Bank in favour of a person, who was not even a bidder and the conduct of auction proceedings, in spite of the stay granted by this Court, restraining the Bank from proceeding further with the sale and the subsequent action taken by the Authorised Officer, to take possession of the property by approaching the learned Chief Metropolitan Magistrate, Egmore, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act") without divulging the background facts followed by the issuance of a sale certificate in favour of a total stranger is the sum and substance of this writ petition.

Background Facts:

2. M/s. Spark Chemicals and Pharmaceuticals Private Limited owned by Thiru S. Sundar, husband of the petitioner's sister availed financial assistance from Indian Bank, Hyderabad. The sister of the petitioner appears to have mortgaged her limited right in the property bearing Door No.7, M.G. Ramachandran Road, Kalashetra Colony, Besant Nagar, Chennai-90 in favour of the Bank. The Bank



































































































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