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2017 Supreme(Mad) 2865

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
R. Sathyanarayanan – Appellant
Versus
State Bank of India rep. by its Chief Manager – Respondent


Advocates Appeared:
For the Petitioner: Ms. Selvi George
For the Respondent: Mr. L.P

ORDER :

S.Manikumar, J.

Borrower, who could not pay the monthly instalments due and payable to State Bank of India, Chief Manager, Retail Assets Central Processing Centre (RACPC), Anna Nagar East, Chennai, has sought for a writ of mandamus, directing the Bank and the auction purchaser/second respondent, from in any way, interfering with his peaceful possession and enjoyment of land in Old No.18, New No.10, Kamaraj 6th Street, West Gandhi Nagar, Avadi, Chennai, comprised in No.3, Punjai S.No.166/1A part as per T.S.Avadi to an extent of 1333 sq.ft of land and residential building constructed thereon, in ground and first floor, situated in Villinjiambakkam Village, Madura Avadi.

2. According to the petitioner, though he has settled the dues, as early as, in the year 2012, Bank has not come forward, to accept the same and after a lapse of 5 years fixed, a reduced upset price of Rs.30,37,000/-, though in the year 2012, the property was valued at Rs.39,36,000/-. According to the petitioner, as on 26/1/2017, Bank is entitled to a sum of Rs.2557,510/- only. Bank has sold the property to a lesser price. Added further, Ms.Selvi George, learned counsel for the petitioner submitted that though th





















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