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2019 Supreme(Mad) 2605

S.MANIKUMAR, R.PONGIAPPANJ
D. Soodamani – Appellant
Versus
Vijaya Bank, Represented by Chief Manager/Authorized Officer, Asset Recovery Management Branch, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Jayakumar, Advocate.
For the Respondent:Elaya Rajkumar for M/s. Ramalingam & Associates Advocate.

JUDGMENT :

R. Pongiappan, J.

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, forbearing the respondent herein from proceeding against the property of the petitioner measuring an extent of 944 sq.ft. bearing Old Door No.2/24, New Door No.94, Jayavinayagar Koil Street, Jaganathapuram, Chetpet, Chennai – 600 031, without first recovering their dues by selling the mortgaged property of the principal borrower.)

1. The petitioner has filed the present writ petition, for a writ of mandamus, forbearing the respondent from proceeding against the property of the petitioner, measuring an extent of 944 sq.ft., bearing Old Door No.2/24, New Door No.94, Jayavinayagar Koil Street, Jaganathapuram, Chetpet, Chennai–600 031, without first recovering their dues by selling the mortgaged property of the principal borrower.

2. Brief facts leading to the filing of the Writ Petition are that, the husband of the petitioner, namely, P.Durairaj, is carrying on business in the name and style of G.K.Engineers. For the development of his business, he has mortgaged the property, measuring an extent of 3054 sq.ft. together with buil

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