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2019 Supreme(Mad) 361

M.NIRMAL KUMAR
Devika – Appellant
Versus
Syndicate Bank, Rep. by its Chief Manager & Authorised Officer, A. Narayana Shettigar – Respondent


Advocate Appeared:
For the Petitioners:S. Sathyanarayanan, C. Selvaraj, Advocates.
For the Respondents:P. Sreenivasulu, Advocate.

JUDGMENT :

1. The petitioner are respondent in C.M.P.No.597 of 2009 on the file of the Chief Judicial Magistrate, Coimbatore. The petitioners herein filed this petition to quash the above proceedings.

2. The contention of the petitioners is that the Chief Judicial Magistrate, Coimbatore has no jurisdiction to pass the order dated 20.08.2010 in C.M.P.No.597 of 2009. The lower Court is has no jurisdiction to entertain an application filed by the respondent Bank under Section 14 (1) of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (herein after referred as SARFAESI Act). Further contention is that mandatory notice under Section 13 (2) of the Act was not served individually to the petitioner. Further, the notice was sent to the Power of Attorney Mr.C.N.Padmanabhan, father of the petitioner, who is R4 in C.M.P.No.597 of 2009. The notice issued to the father, Power of Attorney has not been mentioned in what capacity it was been sent to him. Further it is contended that the Power of Attorney is a forged one as per Finger Print Bureau Report dated 10.10.2011. The respondent bank suppressing the sale dated 08.06.2009, which is under cha





















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