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2022 Supreme(Mad) 3996

M. DHANDAPANI
Indian Overseas Bank Asset Recovery Management Branch, Represented by its Chief Manager – Appellant
Versus
TLS Tyres, represented by its Managing Partner Mr. Valliappan – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.L. Ganesh.
For the Respondents: M/s. N. Umapathi, Mr. Yogesh Kannadasan.

ORDER :

(Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to register the sale certificate in favour of the auction purchaser as presented by the petitioner Bank not withstanding the attachment obtained by the first respondent on 22.06.2015 as mentioned in EC in respect of secured property belonging to the second respondent.)

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to register the sale certificate in favour of the auction purchaser as presented by the petitioner Bank not withstanding the attachment obtained by the first respondent on 22.06.2015 as mentioned in EC in respect of secured property belonging to the second respondent.

2. The case of the petitioner is that the second respondent purchased the land and building together with plant and machineries, accessories etc., belonging to M/s.Tamil Nadu Sponge Limited and availed various credit facilities from time to time from the petitioner to run its business operations in the said property. Cash credit facility, working capital demand loan, term loan LGLC and A & E extended by the pe

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