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2015 Supreme(Mad) 138

SATISH K.AGNIHOTRI, M.VENUGOPAL
Prasanthi Cashew Company Pvt. Ltd. – Appellant
Versus
A. Abdul Salam – Respondent


Advocates Appeared:
For the Petitioner:S.R. Rajagopal for P. Vasanthakumar, Advocates.
For the Respondents:R1, F.B. Benjamin George, R2 & R3, V. Girish Kumar, Advocates, R4, Tribunal.

JUDGMENT

SATISH K. AGNIHOTRI, J.

1. The petitioner company in W.P. No. 28232 of 2014, stating to be the owner of the land in R.S. No. 622, 624/10, 924/11, 646/17 and 646/18 at Perinadu Village, Kollam Taluk, Kollam District, Kerala, has come up with the said writ petition, questioning the legality and validity of the order dated 07.04.2014 passed in I.A. No. 452 of 2014 in AIR (S.A.) No. 141 of 2014 by the Debts Recovery Appellate Tribunal, Chennai (for short the Appellate Tribunal).

2. The brief facts relevant for adjudication of the dispute, as projected by the petitioner are that the petitioner has purchased the aforestated land in question on auction held by the respondent bank on 19.08.2011 to recover the secured amount against the said property which was mortgaged by the first respondent for the purpose of obtaining financial loan from the respondent bank. Needless to state that the legal requirement of issuance of demand notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act) and thereafter, consequential measures under Section 13(4) of the SARFAESI Act were taken before
















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