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2015 Supreme(Mad) 3498

SATISH K.AGNIHOTRI, P.DEVADASS
St. Marys Kalmane & Arekal Estates, Chikmaglur – Appellant
Versus
Debt Recovery Appellate Tribunal – Respondent


JUDGMENT :

SATISH K. AGNIHOTRI, J.

1. Questioning the correctness of the order dated 27th April, 2015 passed by the Debt Recovery Appellate Tribunal, Chennai, the instant writ petition is preferred by the petitioner.

2. The second respondent Bank has preferred an Original Application, being O.A.No.669 of 2001 before the Debts Recovery Tribunal-I, Chennai, which, on transfer to the Debts Recovery Tribunal-III, Chennai, was renumbered as O.A.No.187 of 2007, seeking direction to the respondents 3 to 6 herein to jointly and severally pay to the bank a sum of Rs.9,73,63,935.26 being the amount due and payable together with interest at the rate of 14% per annum in respect of the loan account raising and falling with the bank advance rate from the date of the application, i.e., 12th October, 2001 till the date of payment in full and to draw recovery certificate for the same, or in the alternative, the Schedule ' B— land mortgaged with the second respondent Bank on second charge basis may be permitted to be sold. The Schedule ' B— land in question reads as under :

SCHEDULE ' B—

All the





















































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