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2017 Supreme(Mad) 1269

HULUVADI G.RAMESH, S.VIMALA
D. Lognathan – Appellant
Versus
State Bank of Mysore – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.R. Shankaralingam
For the Respondent: Mr. M. Devaraj for Mr. K. Mohandass

ORDER :

Huluvadi G.Ramesh, J.

Heard the learned counsel for the petitioner and the learned counsel for the respondent/bank.

2. It appears that for availing Packing Credit Limit facility, one Rathnam approached the respondent/Bank for an amount of Rs.17,50,000/- wayback in the year 1996 and it was also sanctioned, for which the petitioners are stated to have stood as guarantors. As there was default in repayment, the respondent/Bank initiated recovery proceedings against the principal borrower and the guarantors, by filing O.A.No.666 of 1997 before the Debts Recovery Tribunal, Bangalore, which was ultimately allowed vide judgment dated 18.03.2016, ordering recovery of a sum of Rs.25.52 lakhs. Against the same, the petitioners have filed an appeal before the Debts Recovery Appellate Tribunal, Chennai, being A.I.R.No.194 of 2016, along with a stay application on the ground that they are not the guarantors for the loan. Another interlocutory application has been filed in I.A.No.83 of 2017 seeking waiver of pre-deposit. The said application was dismissed directing the petitioners to make pre-deposit of Rs.12.50 lakhs, which is mandatory. Hence, the petitioners have come up with the present







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