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2016 Supreme(Mad) 1505

R.SUBBIAH
Punjab National Bank – Appellant
Versus
Sub-Registrar, Ambattur, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.L. Ganesh
For the Respondents: Mr. M. Digvijaypandian, Mr. T.S. Kandha Kumar

ORDER :

This writ petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, directing the 1st respondent to permit the petitioner-Bank to register the sale certificate as and when executed by the petitioner-Bank in favour of the auction purchaser by invoking SARFAESI Proceedings pertaining to the property owned by the third respondent namely undivided share of the land measuring an extent of 500 sq.ft out of 9799 sq.ft together with flat bearing No.D3 in the third floor, having a plinth area of 920 sq.ft which includes common area known as Sowbagya Apartments, situated at Plot No.143, Door No.3, Sathiyanarayana St., Venkatapuram, Ambattur, Chennai-53, forming part of Ambattur Village, comprised in Survey No.621/5, Thiruvallur District, in accordance with law.

2. In the affidavit filed in support of the writ petition, it has been averred by the petitioner, inter alia, as follows:-

2-1.The 3rd respondent herein had availed various credit facilities viz., cash credit, term loan and housing loans from the petitioner-Bank and for the due repayment of the loan liability, the 3rd respondent had offered his immovable property as collateral security as evident from






















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