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2021 Supreme(Mad) 3179

J.NISHA BANU
Asset Reconstruction Company (India) Ltd. , rep. by its Authorized Officer – Appellant
Versus
V. Chola – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Veerakathiravan, Senior Counsel for Mr.M.V.Manibabu
For the Respondents: Mr.R.Suriyanarayanan, Mr.B.Rajesh Saravanan

ORDER :

This Civil Revision Petition has been filed by the petitioner challenging the judgment and decree dated 28.06.2017 passed by the Principal District Court, Theni, in O.S.No.55 of 2006.

2. The learned senior counsel for the petitioner/3rd party submitted that the third and fourth respondents, who started a partnership firm by name M/s.Puppy's Grand Swim and Slim, had availed loan from the 5th respondent Bank during the year 2003, for which they mortgaged two prime properties at Veerapandi Village, Palanichettipatti, Theni District. After availing the said loan, the third and fourth respondents failed to repay the loan amount. Hence, the 5th respondent Bank declared the above loan as a Non Performing Asset (NPA) and initiated the SARFAESI Act proceedings during the year 2006. In order to delay the said proceedings, the first and second respondents, who are the son and daughters of the third and fourth respondents, had filed a suit in O.S.No.55 of 2006 for partition in respect of the property mortgaged with the Bank by adding the Bank also as one of the defendants. As there was no interim order granted, the 3rd respondent herein had filed a Writ Petition before this Court and thi

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