IN THE HIGH COURT OF JUDICATURE AT MADRAS
Manindra Mohan Shrivastava, CJ, Sunder Mohan, J
Priyal Saraf – Appellant
Versus
Edelweiss Asset Reconstruction company Ltd. – Respondent
| Table of Content |
|---|
| 1. court addresses the order of the debt recovery appellate tribunal. (Para 1 , 2) |
| 2. background on the mortgage dispute involving a minor and the bank. (Para 4 , 5) |
| 3. petitioner's contention on jurisdiction and mortgage validity. (Para 6 , 7) |
| 4. resolution of the petition and dismissal. (Para 8 , 9 , 11 , 15) |
| 5. court's reasoning on jurisdiction under the sarfaesi act. (Para 10 , 12 , 16 , 17) |
| 6. validity of mortgage under minor ownership regulations. (Para 14) |
| 7. final ruling dismissing the writ petition. (Para 18) |
This petition is directed against the order dated 27.04.2018 passed by Debt Recovery Appellate Tribunal, Chennai, (for short, 'the Appellate Tribunal') whereby the Appellate Tribunal has interfered with the order passed by the Debts Recovery Tribunal (for short, 'the Tribunal') and upheld the action of the bank in proceeding to sell the mortgaged property (the subject-matter of dispute in the present case), by way of auction.
2. After hearing learned counsel for the parties, in our view, the issue which arises for consideration is as to whether the Tribunal had jurisdiction to enter into the question of validity of the mortgage created by the borrower. Theref
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