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2015 Supreme(Mad) 16

SATISH K.AGNIHOTRI, M.VENUGOPAL
Murugappa Krishnan – Appellant
Versus
ICICI Bank Limited – Respondent


Advocates Appeared:
For the Petitioner:M. Balasubramanian, Advocate.
For the Respondents:R1, N. Narayanan for T. Srinivasa Raghavan, Associates, R2, V. Jayachandran, Advocate, R3, No appearance.

Judgment :-

Satish K. Agnihotri, J.

1. In the instant petition, the petitioner does not question any specific order, however, seeks direction against the second respondent to hand over possession of Flat No.S2, 2nd floor (Rear side) Sivasakthi Vinayagar Apartments and further direction to the respondents forbearing them from dealing with the property bearing Flat No.S2, 2nd floor (Rear side) Sivasakthi Vinayagar Apartments, bearing No.29-32 (New No.141-146) East Mada Street, Tiruvanmiyur, Chenai-41 of an extent of 1404 sq.ft in any manner during the pendency of civil suits.

2. It appears that the property in question was attached pursuant to the proceedings initiated against the borrower, who had mortgaged the property as secured asset with the bank.

3. The case of the petitioner is that he has not borrowed any money against the said property and also the said property is under his ownership. In respect of the said dispute, issues are pending consideration in different civil suits.

4. Mr. N. Narayanan, learned counsel appearing for the first respondent bank submits that the words “any person” employed in Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforce







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