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2006 Supreme(Mad) 580

ELIPE DHARMA RAO
D. Ravichandran – Appellant
Versus
Manager, Indian Overseas Bank, Coimbatore – Respondent


Advocates Appeared:
Chinnasamy, Senior Counsel, for Haja Mohideen Gisthi, for Petitioner.
F.B. Benjamin George, for Respondents.

ORDER:

Challenge is to the order dated 8-11-2005 passed by the respondent bank under Sec.13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act (in short SARFAESI Act), bringing the secured assets of the petitioner for sale under SARFAESI Act.

2. The facts, in brief, are: Petitioner is a partnership firm, carrying on business in farming activities. For establishing a poultry farm, petitioner approached the respondent bank for credit facility. Respondent bank sanctioned the petitioner Rs.45,00,000 as per the loan sanction order dated 12.4.1996. Petitioner mortgaged with the respondent bank certain lands as collateral security for the said loan. Petitioner committed default in repayment of the loan amount. Since the negotiations between the parties regarding the settlement of the outstanding loan amount did not fructify, the respondent bank initiated action under the provisions of Sec.13(2) of SARFAESI Act and issued the impugned notice. Aggrieved, the petitioner has filed the present writ petition.

3. Learned senior counsel for the petitioner submitted that the petitioner availed the credit facility for poultry rearing. Petitioner has offered






















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