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2018 Supreme(Mad) 2296

S.MANIKUMAR, SUBRAMONIUM PRASAD
Bharath Post Graduate College – Appellant
Versus
Indiabulls Housing Finance Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Omprakash, Sr. Counsel M/s. G. Veerapathiran.
For the Respondents: Mr. J. Sivanandaraaj for Mr. V. Shankaranarayanan for' M/s. Adeesh Anto.

ORDER :

SUBRAMONIUM PRASAD, J.

1. The present Writ Petition seeks to challenge the order of the Debts Recovery Tribunal, Chennai, in R.A.(S.A.) No.102 of 2017 dated 06.12.2017.

2. The facts leading up to the present proceedings, are as follows.

(a) The petitioner herein borrowed a sum of Rs.7,55,02,596/- from the first respondent in terms of Loan Agreement dated 30.09.2014 securing the loan through the mortgage of immovable properties.

(b) The lands so mortgaged are located in survey numbers 391/1, 392/2, and 392/3 of Varadharajapuram Village, Poonamallee Taluk, Thiruvallur District.

(c) The petitioner failed to pay the instalments that were due, and the respondent classified the petitioner as a Non-performing Asset, in the month of March, 2016.

(d) Subsequently, the respondent issued the first demand notice dated 10.06.2016 under Section 13(2) of the SARFAESI Act, 2002, (hereinafter referred to as 'The Act'), for the sum of Rs.7,82,26,477/-.

(e) The respondent took possession of the mortgaged properties vide possession notice dated 02.09.2016, sale notice was published on 26.09.2018. The scheduled action pursuant to this sale notice did not take place.

(f) The respondent thereafter issued





























































































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