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2018 Supreme(Mad) 982

S.MANI KUMAR, V.BHAVANI SUBBAROYAN
Selvaraj Velusamy (died) – Appellant
Versus
Chairman cum Managing director, M/s. Syndicate Bank, Corporate Office, Bangalore – Respondent


Advocates Appeared:
For the Petitioner:P.M. Duraiswamy, Advocate.
For the Respondent:P. Sreenivasulu, Advocate.

JUDGMENT :

V. Bhavani Subbaroyan, J.

This Writ Petition has been filed to call for the records of the third respondent herein pertaining to the Sale Certificate dated 28.10.2011, executed under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act & Rules, 2002 and registered as Document No.11139/2011 dated 28.10.2011 in the office of Sub-Registrar, Avinashi, within the Registration District of Coimbatore (presently Registration District of Tirupur) and quash the same, and to direct the third respondent to pay back the entire sale amount with registration charges totaling Rs.49,06,210/- with interest @ 12% per annum from the date of the Sale Certificate till the date of the repayment to the petitioner.

2. The first petitioner herein, who was the original petitioner at the time of filing the Writ Petition, died on 26.10.2013. The brief facts of the case as per the petitioner's averments are that, the petitioner was a handicapped Ex-service man and had lost his right hand below elbow when he was serving in the Indian Army. It is stated that the petitioner was leading his life by running a petrol bunk at Ganapathy, Coimbatore District, and at that
















































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