SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Mad) 2074

SATISH K.AGNIHOTRI, M.VENUGOPAL
Deccan Chronical Holdings Limited – Appellant
Versus
Canara Bank, Represented by its Authorized Officer – Respondent


Advocate Appeared:
For the Petitioner:Krishna Srinivasan for M/s. Ramasubramaniam Associates, Advocates.
For the Respondents:P. Raghunathan for M/s. T.S. Gopalan & Co., Advocates.

JUDGMENT

SATISH K. AGNIHOTRI, J.

1. Assailing the legality and validity of the order dated 27.04.2015 passed by the Presiding Officer, Debts Recovery Tribunal-II, Chennai in SA SR No. 2806 of 2015, whereunder the application of the writ petitioner under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) was rejected on the ground that the application is not maintainable for the Tribunal has no jurisdiction to entertain an appeal against the order under Section 14 of the SARFAESI Act passed by the Chief Metropolitan Magistrate, this writ petition has been filed.

2. The brief facts relevant for adjudication in this case are as under:

The petitioner became a defaulter on account of non payment of loan amount. Accordingly, a demand notice under provisions of Section 13(2) of the SARFAESI Act for a sum of Rs.347,40,52,551.29 was served on him. Thereafter, possession notices dated 11.3.2013, 13.3.2013 and 14.3.2013 were issued under Section 13(4) of the SARFAESI Act in respect of the different properties. It is stated that the sale notice was also issued. Consequently, the respondent Bank prefe



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top