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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Arun Rajkumar Fredrick – Appellant
Versus
The District Collector, Singaravelar Maligai, 32, Rajaji Salai, Chennai-1. – Respondent
| Table of Content |
|---|
| 1. the lack of personal guarantees by the petitioners is significant. (Para 1 , 2 , 4 , 5) |
| 2. natural justice was not observed in these proceedings. (Para 6 , 9) |
| 3. the directorial status does not imply personal liability. (Para 8) |
| 4. the petition is allowed, and proceedings are to be fresh. (Para 10) |
O R D E R
The petitioners, mother and son, have filed this writ petition seeking to quash the proceedings dated 23.08.2018 issued by the second respondent herein and also the consequential, demand notice are on the same date.
2. It is the case of the petitioners that the 5th respondent obtained a term loan on 01.06.1979 for a sum of Rs.29,00,000/- from the 4th respondent. The 5th respondent mortgaged certain properties in favour of the 4th respondent. Since the loan amount was not repaid, the 5th respondent realized the principal amount by auctioning the properties. Towards the interest portion, the 4th respondent made a claim against the petitioners since they were the directors of the company viz., M/s. Coramendal indag Products Private Limited. The said company had sought permission from the 4th respondent to take over the management of the 5th respondent company and to p
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