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2018 Supreme(Mad) 557

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
K. Venkatesan – Appellant
Versus
Axis Bank Limited, Rep. by its Authorised Officer, K. Thiyagarajan, Chennai – Respondent


Advocates Appeared:
For the Petitioner:P. Ram Japa Singh, Advocate.

JUDGMENT :

S. Manikumar, J.

1. Order made in Crl.M.P.No.4328 of 2017, dated 18/1/2018, on the file of the Chief Metropolitan Magistrate, Allikulam, Chennai, directing appointment of an Advocate Commissioner, to take possession of the subject property, mortgaged with the Bank, with the assistance of the Station House Officer, R.5 Virugambakkam Police Station, Chennai and handover the same to M/s. Axis Bank Limited, Chennai, first respondent herein, is challenged by the petitioner.

2. According to him, he is a tenant of the third respondent. He has been paying monthly rent periodically. He is not aware of any loan transaction between the Bank and the borrower. On 21/2/2018, an Advocate Commissioner, came to the house, in which he is a lessee and served a copy of an order, made in Crl.M.P.No.4328 of 2017, dated 18/1/2018, passed by the learned Chief Metropolitan Magistrate, Chennai and only thereafter, he came to know about the banking transactions.

3. Inviting the attention of this Court to the possession notice, dated 2/8/2016, Mr. P.Ram Japa Singh, learned counsel for the petitioner submitted that the said notice was challenged by the borrower, Mr. P.Sathya Soul Raj, Kanyakumari Distri





































































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