Mrs Mahalakshmi v. Murugan
Case brief
What is this about?
The Tribunal addressed an emergent petition challenging a CMM order directing possession. Citing Hemraj Ratnakar Salian, the Tribunal held the SA not maintainable but deferred possession till 15.9.2024 upon undertaking.
What did the court decide?
Possession deferred until 15.09.2024 subject to applicant filing undertaking to quit and deliver vacant possession.
What the court decided
SA No. 374 of 2024
02.07.2024
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 02nd day of July, 2024
Present: SHRI A. S. JAYACHANDRA Presiding Officer (In–charge)
SARFAESI APPLICATION No.374 of 2024
Mrs. Mahalakshmi W/o. Mr. Purushothaman, No.57/23, Ground Floor, K.C. Garden, 4th Street, Peravallur, Chennai – 600 082 ….Applicant -Vs-
- Canara Bank, Represented by its Authorized Officer, Mrs. N. Suguna, Kelleys Branch, 207, Purasaiwakkam High Road, Chennai – 600 007. 2. Mr. A. Murugan, S/o. M. Ayyadurai, No. 2/881, A, REHOBOTH Apartment, 2nd Street, Periyar Nagar, Madipakkam, Chennai – 600 091. ….Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. K. Ramesh
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to defer possession of the property until 15.9.2024 pending relocation.
Whether the applicable court order regarding possession should be modified in the applicant's favor despite the SA's maintainability issue.
Whether the applicant bank can recover possession after the deferred date.
Parties & counsel
- applicant
Mahalakshmi W/o. Mr. Purushothaman
- respondent
Canara Bank
- respondent
Mr. A. Murugan
Coram
Case details
As recorded by the court registry
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