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2015 Supreme(Mad) 2379

SATISH K.AGNIHOTRI, M.VENUGOPAL
Kongunadu Hospitals (P) Ltd. – Appellant
Versus
Recovery Officer, Debt Recovery Tribunal-II – Respondent


Advocates:
Advocate Appeared:
For petitioner: Mr.AR.L.Sundaresan, SC for Mr. A.Thiyagarajan.
For respondents: Mr. T.T. Ravichandran for Mr. N.K. Sekar for R-2.
Mr. Srinath Sridevan for R-3.

ORDER

SATISH K. AGNIHOTRI, J.

The instant writ petition is filed by the auction purchaser, seeking a direction to the first respondent-Recovery Officer to receive a sum of Rs.1,15,00,000/- deposited by way of demand draft from the petitioner in the light of the condition No.VI of paragraph 29 in the common order dated 25.02.2009 passed in W.P.No.6131, 6149, 6662 of 2005, 23002 and 49641 of 2006 and C.R.P.(NPD)Nos.1807 and 1808 of 2006 and to issue possession certificate in favour of the petitioner.

2. The brief facts relevant for adjudication of the disputes, as projected by the petitioner, are that the secured financial institution, Indian Overseas Bank (for short “IOB”), to recover outstanding dues of Rs.25 lakhs from the third respondent, obtained an ex parte final order dated 31.5.2004 of the Debts Recovery Tribunal-II, Chennai in O.A.No.304 of 2003 filed by it. Being aggrieved, several writ petitions were filed by the Bank, guarantor and borrower before this Court. In the meantime, the said property was put on public auction held on 2.3.2006, which was confirmed by issuance of sale certificate in favour of the petitioner /auction purchaser on 3.3.2006. The division bench of this




































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