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2020 Supreme(Mad) 763

M.M.SUNDRESH, R.HEMALATHA
Indian Overseas Bank, Asset Recovery Management Branch, Rep. by its Chief Manager – Appellant
Versus
District Collector & District Magistrate, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner:M.L. Ganesh, Advocate.
For the Respondents: G.K. Muthukumar, Spl.G.P.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the second respondent to comply with the order passed in REF.No.19478/2014/E3 dated 22.10.2019 passed by the 1st respondent.)

1. This is a very unfortunate case which we are facing with.

2. The learned counsel appearing for the petitioner submitted that though the outstanding has already crossed rupees five hundred crores, the petitioner bank is unable to recover anything notwithstanding the orders obtained. Earlier an order was obtained in W.P.No.8570 of 2020 on 16.07.2020 in respect of another property and the same has also not been complied with. Even in that case, all the proceedings have concluded and there was no prohibition.

3. The learned counsel appearing for the petitioner further submitted that in the case on hand, there was serious objection through the lawyer supported by the other persons representing the borrower from taking possession. Thus, mere keys were handed over without drawing any panjanama by way of inventories. The vehicles have been parked blocking the ingress and egress. The Official Liquidator has no objection in handing over t

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