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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
K.Suresh – Appellant
Versus
The Branch Manager, Aadhar Housing Finance Limited – Respondent
| Table of Content |
|---|
| 1. challenge to sarfaesi possession order. (Para 1) |
| 2. petitioner's loan repayment claims and procedural objections. (Para 2 , 3 , 4 , 5) |
| 3. dismissal with liberty to drt. (Para 6) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
A challenge has been made to the impugned order dated
11.03.2026 passed in Crl.M.P(MD)No.788 of 2026 under Section 14 of the SARFAESI Act, whereby the learned Chief Judicial Magistrate, Theni, has ordered taking possession of the secured assets by the Bank.
2.It is the case of the petitioner that he, being an employee in a private concern, had availed two housing loans from the second respondent in the years 2020 and 2022, for sums of Rs.6,27,929/- and Rs.4,21,094/- respectively, by mortgaging the schedule-mentioned property. The petitioner contends that he had been regularly repaying the loan amounts.
3.According to the petitioner, the respondents, without properly considering the repayments made, abruptly classified the loan account as a Non-Performing Asset and initiated proceedings under the SARFAESI Act, including issuance of notice under Section 13(2), claiming a total outstanding of Rs.11,84,514/- with future interest. The petitioner su
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