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2017 Supreme(Online)(Mad) 35

MADRAS HIGH COURT
, J
Imayavarman V. v. Pondicherry State Co-op. Bank Ltd. Puducherry and Others


Table of Content
1. jurisdiction of co-operative banks under sarfaesi (Para 6 , 8 , 10)
2. recognition of co-op banks in statutory provisions (Para 19 , 21)
3. application of clean hands doctrine in equity (Para 24 , 25)

1. Writ petition has been filed to issue a writ of certiorari, to call for the records relating to the possession notice, dated 19.12.2014, issued by the Authorised Officer, The Pondicherry State Co - operative Bank Limited, Puducherry and also the consequential letter in PSCB.HO / 883/2016-17 / SARFAESI ACT dated 14.09.2016 issued by the Manager (SARFAESI Act), Pondicherry State Co - operative Bank Limited, and to quash the same.

2. Brief facts leading to the filing of the writ petition are as follows:

The petitioner has submitted that his father had mortgaged the properties comprised in S.Nos.187/2 and 187/3 of Embalam Village, Nettapakkam Commune Panchayat, Bagoor Taluk, Pondicherry District with the respondent - bank, borrowed a sum of Rs.8,25,000/- and executed a mortgage deed dated 19.07.2004 in favour of the Pondicherry State Co - operative Bank Ltd., Puducherry. Petitioner's father paid some amount to the respondent - Co - operative Bank and committed default in





























































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