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2015 Supreme(Mad) 2512

SATISH K.AGNIHOTRI, M.VENUGOPAL
S. Gnanavadivu – Appellant
Versus
Abdul Azeez Son & Company rep. by its Managing Partner Mr. K. Iqbal Ahmed – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr.E.Omprakash for M/s Ramalingam & Associates, Mr.Jayesh B.Dolia for M/s Aiyar & Dolia, Mr.R.Subramaniam
For Respondents: Mr.T.Saikumar for M/s Sai Bharath & Ilan, Mr.Jayesh B.Dolia for M/s Aiyar & Dolia Tribunal, Mr.E.Omprakash for M/s Ramalingam & Associates, Mr.R.Subramanian Tribunal, Mr.R.Subramaniam.

ORDER :

M.VENUGOPAL, J.

The Petitioners have preferred the instant Writ Petitions praying for passing of a common order by this Court in calling for the records relating to the impugned order dated 22.08.2014 in R.A.(SA) No.132 of 2012 on the file of the Fourth Respondent/Debt Recovery Appellate Tribunal, Chennai and to quash the same as illegal and unsustainable one in the eye of law.

Petitioners' Contentions in W.P.Nos.28915 to 28917 of 2014:

2.The Learned counsel for the Petitioners submits that the impugned order dated 22.08.2014 in R.A.(SA) No.132 of 2012 passed by the Fourth Respondent/Debts Recovery Appellate Tribunal, Chennai in setting aside the dismissal order dated 09.12.2011 made in S.A.No.120 of 2009 and the Auction Sale conducted on 13.08.2004 and the Sale Certificates dated 09.04.2009 are erroneous one, since it was passed without appreciation of the facts and circumstances of the case.

3.It is the contention of the Learned counsel for the Petitioners that the Fourth Respondent/Appellate Tribunal by virtue of the impugned order dated 22.08.2014 had caused serious prejudice insofar as the sale in favour of the Petitioners which had become absolute, had been set aside wit

























































































































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