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2016 Supreme(Mad) 1679

K.RAVICHANDRABAABU
IDBI Bank Limited – Appellant
Versus
Official Liquidator, High Court of Madras as Provisional Liquidator of Shree Renuka Textile Mills Limited – Respondent


Advocates Appeared:
For the Appellant : M.L. Ganesh
For the Respondents: P. Atchutha Ramaiah

JUDGMENT :

K. Ravichandrabaabu, J.

1. Company Application No. 41 of 2016 in C.P. No. 413 of 2015, is filed seeking for a direction to the Official Liquidator to hand over the physical possession of the schedule property to the applicant. The case of the applicant is as follows:

(a) The applicant bank has been providing financial assistance from time to time to the second respondent company since 2007 and the original limit sanctioned was Rs. 8 crores. The said financial assistance was periodically renewed, however, by reducing the limit to Rs. 6.77 crores through sanctioned letter dated 14.02.2013. As security for the said facilities, the respondents 4 to 6 herein in the year 2007, had mortgaged their personal immovable properties measuring an extent of 3.26 acres together with building thereon in R.S. Nos. 1439/3, 1440/2 and 1440/3A situate at Veerapandi village, Theni Taluk. The fourth respondent also mortgaged the property measuring 52 cents in S. No. 1440/1B2 situate at Veerapandi village by depositing the original title deeds with the applicant. The said mortgages created by the respondents 4 to 6 were extended by them in favour of the applicant from time to time. The Memorandum


































































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