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ELIPE DHARMA RAO, M.VENUGOPAL
G. Gopalakrishnan – Appellant
Versus
D. R. T. II Chennai – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S. Parthasarathy, Senior Counsel for Mr. N. Nandakumar, Advocate.
For the Respondent No. 2:Mr. V. Raghavachari, Advocate.

JUDGMENT

Elipe Dharma Rao, J.—The petitioner availed secured over draft facility of Rs. 25,00,000 from the respondent No.2 bank in the year 1995 for the purpose of movie making, agreeing to repay the dues together with contractual rate of interest within six months from the date of sanction and thereafter, he also seems to have availed another over draft facility of Rs.5,00,000 on 21.8.1995. Alleging non-payment, the respondent No.2 bank has proceeded against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SRFAESI Act in short) and issued demand notice under Section 13(2) and the sale notice under Section 13(4). Aggrieved, the petitioner filed S.A. No.136 of 2007 before the respondent No.1 Tribunal and since the same was dismissed by the Tribunal, by the order dated 8.6.2009, the petitioner has come forward to file this writ petition. Along with the writ petition, the petitioner has also filed M.P. No. 2 of 2009, praying to stay all proceedings of the respondent No.2 under the SRFAESI Act against the petitioner account, pending disposal of the writ petition.

2. When the above writ petiti
















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