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2012 Supreme(Mad) 4907

K.K.SASIDHARAN, R.BANUMATHI
Authorised Officer Indian Bank Mylapore Branch Since transferred to Asset Recovery Management – Appellant
Versus
Tetrahedron Ltd. , Rep. by its Managing Director – Respondent


Advocates Appeared:
For the Petitioner:M. Balachander, Advocate.
For the Respondents: Party-in- person.

Judgment

R. Banumathi, J. and K.K. Sasidharan, J.

The Civil Revision Petitions in CRP (PD) Nos.3371 and 3726 of 2012 at the instance of the Bank challenges the order dated 3 August 2012 and 11 September 2012, whereby and whereunder, the applications filed by the borrower to receive additional grounds and to grant interim stay of all further proceedings pursuant to the SARFAESI Proceedings initiated by the Bank, were allowed.

2. The revision petition in CRP (PD) No.3601 of 2012 is at the instance of the borrower and the challenge is to the order passed by the Debts Recovery Tribunal dated 3 August 2012 dismissing the application filed for a direction to the Authorised Officer to forfeit 25% of the amount paid by the successful bidder.

3. Since all these Civil Revision Petitions relate to SARFAESI proceedings initiated by the Indian Bank against M/s. Tetrahedron Ltd., and others, the parties are referred to as Bank and borrower. Background facts:


4. M/s. Tetrahedron Limited (the borrower) availed financial assistance from Mylapore Branch of Indian Bank for the purpose of establishing a manufacturing unit at Ambattur. Since the borrower failed to repay the loan amount in accordance w












































































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