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2017 Supreme(Mad) 2167

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
P. Magudeeswaran – Appellant
Versus
Authorised Officer Lakshmi Vilas Bank, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Nandha Kumar
For the Respondent: Mr. A.V. Radhakrishnan

ORDER :

S. Manikumar, J.

M/s. Sri Venkateswar Motors, engaged in Automobile business, in selling two wheelers and an authorised dealer for TVS Motor Company Ltd., has approached Lakshmi Vilas Bank, Coimbatore Main Branch, Coimbatore, and availed the following credit facilities,

Open Cash Credit as Working Capital

Rs.250 lakhs

Term loan

Rs.28.17 lakhs

Open Cash Credit

Rs.20 lakhs

Term loan

Rs.5.62 lakhs

Open Cash Credit

Rs.20 lakhs

2. For the purpose of availing loan, immovable properties have been offered as security, by creating equitable mortgage, by depositing title deeds, with the respondent Bank. Sri Venkateswar Motors, could not repay the amount, in time. Declaring the loan account as Non-Performing Asset, respondent Bank, has issued a notice, dated 20/5/2016, under Section 13 (2) of the SARFAESI Act, 2002, demanding a sum of Rs.3,21,96,388/-. The petitioner has approached the Bank, seeking time to repay. According to the petitioner, instead of considering the representation, Bank has issued a possession notice, dated 30/7/2016, under Se







































































































































































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