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2013 Supreme(Mad) 3652

M.JAICHANDREN, S.VAIDYANATHAN
Om Timber Mart, represented by its Managing Director, Haresh N. Patel – Appellant
Versus
State Bank of India, rep. by its Asst. Chief Manager – Respondent


Appearing Advocates:
For the Petitioner:M/s. Almas Mohammed, Advocate.
For the Respondent:S. Sethu Raman, Advocate.

Judgment :

M. Jaichandren, J.

This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Certiorari to call for the records and quash the impugned possession notices issued by the respondent bank, dated 10.07.2013 and 11.07.2013, under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002.

2. It has been stated that the petitioner industry is a partnership firm and registered under the Factories Act,1948. The petitioner industry is running saw mills dealing in various kinds of wood and its by-products for the last 12 years. For running the business, the petitioner industry had approached the respondent bank for financial assistance. The respondent bank had sanctioned a Cash Credit (hypn) to an extent of Rs.12.50 Crores. It has also issued a Letter of Credit(WC) for Rs.17 Crores and Credit Exposure LT for Rs.0.20 Crores.

3. It has been further stated that, at the time of the sanctioning of the loan, certain moveable and immoveable properties have been furnished as equitable mortgage. Even though the business was running successfully, for a period of about 20 months, it had run into financial problems, due to the power cuts in the State of T






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