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2015 Supreme(Online)(Mad) 50

MADRAS HIGH COURT
V. B. Kalyan Sundaram, J
Anandapadmanaban R. v. Chief Metropolitan Magistrate Egmore Chennai and Others


Advocates:
For the Appellants/Petitioners: Not listed
For the Respondents: Not listed

Table of Content
1. legal grounding for possession claim. (Para 1 , 2 , 3)
2. contestation of third respondent's claim. (Para 4 , 6)
3. court's observation on previous case laws. (Para 8 , 12)
4. requirements for affidavits in possession applications. (Para 9 , 10 , 11)
5. final outcome and directives for retrial. (Para 14 , 15)

1. Assailing the legality and validity of the order dated 08.09.2014 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.6052 of 2014, permitting the second respondent to take possession of the property in question and appointing an Advocate Commissioner to take possession of the property with the assistance of the Station House Officer, R3 Ashok Nagar Police Station, the petitioner has come up with this petition.

2. The brief facts relevant for adjudication of the dispute are as under:
The third respondent obtained loan for a sum of Rs.3,08,91,574/- from the second respondent and the property in question was mortgaged by the third respondent for obtaining the said loan. As the third respondent failed to make repayment, the second respondent issued a demand notice to the third respondent on 7.6.2013 under S.13(2) of the Securitisatio























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