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2017 Supreme(Mad) 2595

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
Sivaranjani – Appellant
Versus
District Collector & District Magistrate, Nagapattinam District, O/o. District Collector, Nagapatinam District, Tamilnadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Rajendran Raghavan

ORDER :

S.MANIKUMAR, J

Petitioner's husband has borrowed a sum of Rs.60 Lakhs, for running a Brick Chamber. The petitioner has agreed to be the guarantor. There were some set back in running the business and therefore, repayment of the entire loan, could not be made. However, it is the contention of the petitioner that out of family sources, a sum of Rs.25 Lakhs has been paid, as against loan of Rs.60 Lakhs. According to the petitioner, she has not created any security interest of the residential property.

2. The Authorised Officer/Branch Manager, Sundaram BNP Paribas Home Finance Limited, Chennai and Branch Manager, Sundaram BNP Paribas Home Finance Limited, Kumbakonam, respondents 2 and 3, respectively, has filed an application under Section 14 of the SARFAESI Act, before the District Collector and District Magistrate, Nagapatinam District, seeking assistance to take possession of the security interest. Inasmuch as the subject property has not been mortgaged by the petitioner, notice dated 08.03.2017 of the District Collector and District Magistrate, Nagapatinam District, directing the petitioner/Guarantor, Mr.Rajesh, borrower/husband of the writ petitioner and other guarantors/ Fat







































































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