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2016 Supreme(Mad) 33

M.M.SUNDRESH
Asset. Reconstruction Company (India) Limited – Appellant
Versus
Inspector General of Registration – Respondent


Advocates:
Advocate Appeared:
For the Appellant: AR.L. Sundaresan, Sr. Counsel for BFS Legal
For the Respondents: V. Subbiah, Spl. Govt. Pleader

ORDER :

M.M. Sundresh, J.

1. The petitioner, being a Company incorporated under the Companies Act, 1956 and Securitisation Company under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'') and also a financial institution under Section 2(h)(ia) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('RDDB Act'), has come forward to file this writ petition seeking to set aside the sale deed dated 5.7.2007 registered as Document No. 2179 of 2007 Book 1 registered by respondent No. 2 at the instance of respondent No. 5 in favour of respondent No. 6 with a consequential prayer to remove the entry made therein.

Brief Facts:--

2. As the issues involve apart from locus standi of the petitioner, several facts, a proper narration is imperative.

3. The Indian Bank, Chennai, in the year 1992, had extended financial facilities in favour of borrowers/guarantors known as MVR Group of Companies. In the years 1995 and 1996, the documents of mortgage were executed qua immovable properties for approximate extent of 120 grounds in favour of the Indian Bank. Needless to state that the borrowers/guar


















































































































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