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) 3458

SATISH K.AGNIHOTRI, K.K.SASIDHARAN
B. Kamal – Appellant
Versus
Ramasamy and Co. – Respondent


Advocate Appeared:
For the Petitioner: Kuberan and Rank Associates.
For the Respondents:S. Sethuraman, V. Kalyanaraman, Aiyar and Dolia, Advocates.

JUDGMENT :

K.K. Sasidharan, J.

The apprehension that the proceedings challenging the Sale Certificate would be decided in the absence of the auction purchasers appears to be the reason which made the petitioner to file this Civil Revision Petition invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

Brief facts:

2. The first respondent availed financial assistance from the Vadapalani Branch of Indian Bank. Since the loan amount was not paid as per schedule and the account was found non performing, the Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act"). The property bearing Plot No.5, Varghese Avenue, Ashok Nagar, Chennai which was offered as security was put in auction. The petitioner along with respondents 2 to 4 purchased the property pursuant to the sale notification. The SARFAESI Application filed by the first respondent along with three others, was dismissed by the Debts Recovery Tribunal (hereinafter referred to as "DRT"). The related appeal was allowed by the Debts Recovery Appellate Tribunal, Chenna



















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