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2016 Supreme(Mad) 3828

S.MANIKUMAR, N.AUTHINATHAN
K. Muralidharan – Appellant
Versus
Chief Manager Repco Home Finance Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Chandrasudan
For the Respondents: Mr. A. Ilangovan

ORDER :

S. Manikumar, J.

Challenge in this Writ Petition is to the order dated 27.09.2016 in S.A. No.256 of 2013 passed by the 2nd respondent Debts Recovery Tribunal-III, Chennai, confirming the order dated 10.09.2013 made in CMP No.825 of 2013 by the Chief Judicial Magistrate, Thanjavur at Kumbakonam.

2. On 08.11.2016, we have passed the following order :-

"Order dated 27.09.2016 passed by the Debts Recovery Tribunal No. III, represented by its Registrar, Anna Salai, Chennai-2, in S. A. No. 256 of 2013, is assailed on the grounds, inter alia, that when the writ petitioner/borrower in the above said appeal, has categorically challenged the order dated 10.09.2013 made in CMP No. 825 of 2013 passed by the Chief Judicial Magistrate, Thanjavur at Kumbakonam, as without jurisdiction, in the light of the well settled judicial pronouncements of this Court in K. Arokiaraj & Ors. v. Chief Judicial Magistrate, Srivilliputhur, Viruthunagar & Other, reported in 2013 (6) MLJ 641. The Tribunal without addressing the jurisdictional issue, and the procedural defect, has merely sustained the order of the learned Chief Judicial Magistrate. The above said order dated 27.09.2016 in S.A. No. 256 of 2016 is









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