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2016 Supreme(Mad) 181

SATISH K.AGNIHOTRI, P.DEVADASS
A. L. Shah – Appellant
Versus
Authorised Officer, State Bank of Hyderabad, Pondicherry Branch – Respondent


Advocates Appeared:
For The Petitioner: Mr. V.Bhiman for M/s. Rugan and Arya in all CRPs.
For The Respondents: Mr. K.N.Chinnikrishnan for R-1 in all C.R.Ps., Mr. S.R.Rajagopal, Amicus Curiae in all C.R.Ps.

ORDER

SATISH K.AGNIHOTRI, J.

The instant petitions arise from the common order dated 9th April, 2015 passed by the Debt Recovery Appellate Tribunal, Chennai in A.I.R.(SA) Nos.136, 137 and 138 of 2015. Having regard to the commonality of question of law involved in all petitions, all petitions are considered and decided by this common order.

2. The facts in nutshell are that the petitioner, claiming to be the lawful owner of the subject property, filed three applications under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”), before the Debt Recovery Tribunal-I, Chennai, questioning the legality and validity of the notices dated 22nd March 2012 issued under Section 13(4) of the SARFAESI Act by the first respondent Bank, on the ground that the second respondent had mortgaged the property in question without having legal title over the property in question. The subject matter was under dispute with regard to the ownership and title. By judgment and decree dated 19th December, 2014 in O.






























































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