MADRAS HIGH COURT
*Sanjib Banerjee, C. J., Senthilkumar Ramamoorthy, J.
Janardhanam M. v. Debt Recovery Appellate Tribunal (DRAT) Chennai
| Table of Content |
|---|
| 1. borrower's lack of distinction in liability is established. (Para 1 , 2) |
| 2. loan details highlight the borrower's failure to repay and subsequent auction. (Para 3 , 4 , 8 , 12) |
| 3. court confirms the sale was valid despite arguments on valuation. (Para 5 , 6 , 10 , 11 , 18) |
| 4. delay in valuation must not impair auction validity without timely protest. (Para 7 , 9 , 14 , 15 , 16) |
| 5. final ruling dismisses the petition based on consistent legal findings. (Para 19) |
1. This is another instance of a borrower seeking to delay the inevitable and cling on to the property furnished by way of security despite having failed to repay the debt.
2. Indeed, this borrower does not recognise his status as a borrower and seeks to make a distinction between the persons who obtained the credit facilities from the secured creditor and the petitioner herein who furnished the security. In law, however, there is no distinction as even under the Contract Act, 1872 the liability of a guarantor is co - extensive with that of a borrower. Further, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 makes no distinction between a principal debtor
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