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2018 Supreme(Mad) 586

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
S. Anuradha – Appellant
Versus
Registrar, The Debt Recovery Appellate Tribunal, Chennai – Respondent


Advocates Appeared:
For the Petitioner:Anuradha Balaji, Advocate.

JUDGMENT :

S. Manikumar, J.

1. O.A.No.29 of 2012, has been instituted by Small Industries Development Bank of India, Chennai, against the third and fourth respondents, before the Debts Recovery Tribunal I, Chennai, for recovery of dues, in which the subject property, which belongs to the third respondent, was mortgaged. Vide order, dated 31/12/2012, Debts Recovery Tribunal I, Chennai, issued recovery certificate, in D.R.C.No.124 of 2013, in favour of the second respondent.

2. D.R.C.No.124 of 2013, dated 8/12/2013, in O.A.No.29 of 2012, has been issued by the Presiding Officer of Debts Recovery Tribunal I, and Notice of Demand, dated 1/1/2014, was issued by the Recovery Officer.

3. Material on record discloses that, as on 22/9/2016, a sum of Rs.2,71,17,790.10/- (as per cost memo, dated 22/9/2016 filed by the Certificate Creditors), was due. Therefore, Recovery Officer, Debts Recovery Tribunal - II, in D.R.C.No.93 of 2014, dated 13/10/2016, has issued E-auction sale, Proclamation Sale, under Rule 52 (2) of Second Schedule to the Income Tax Act, 1961, r/w. Sections 25 to 29 of RDDB & FI Act, 1993.

4. Claiming herself to be a tenant, third party applications, under Rule 11 of the Second Sch


















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