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2021 Supreme(Mad) 3034

State Bank of India, Ganapathy Branch – Appellant
Versus
P. K. Janardhanan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. E. Om Prakash Senior Counsel for M/s. Ramalingam and Associates
For the Respondent: Mr. K.K. Shivashanmugam, Mr. V. Suresh for M/s. Shivakumar and Suresh

ORDER :

Sanjib Banerjee, J.

The writ petition has, unfortunately, remained unattended to for more than five years though it pertains to bank recovery proceedings instituted in 2002 and involves orders of the years 2008 and 2015.

2. The petitioning bank questions the propriety of an order dated July 10, 2015 passed by the Debt Recovery Appellate Tribunal on the first respondent's appeal against an order dated September 18, 2008 passed by the Debts Recovery Tribunal, Coimbatore. The first respondent, a guarantor in a run-of-the-mill bank transaction, had appealed to the Presiding Officer of the Debts Recovery Tribunal under Section 30 of the then Recovery of Debts Due to Banks and Financial Institutions Act, 1993, which has now been rechristened as the Recovery of Debts and Bankruptcy Act, 1993.

3. The grievance that the first respondent carried to the Presiding Officer was the impropriety on the part of the Recovery Officer to sell a property in certificate recovery proceedings after the petitioner herein had succeeded in establishing the quantum of debt due from the borrower and the guarantor in proceedings under Section 19 of the Act of 1993. The Presiding Officer discussed the severa

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