K.Shivakumar, v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15/2/2017

C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Writ Petition No.34698 of 2014

K. Shivakumar ... Petitioner
Vs
1. Punjab National Bank
rep. By its Chief Manager
Asset Recovery Management Branch
Khivraj Buildings, I Floor
No.624 Anna Salai
Chennai 600 006.
2. The Debts Recovery Tribunal – I
Chennai.
3. The Recovery Officer
Debts Recovery Tribunal No. I
Chennai.
4. Mrs.H.Asiya Bhanu
5. Mr.K.Dhanapal ... Respondents
Prayer: Petition filed under Article 226 of the
Constitution of India praying for the issuance of a writ of
declaration, declaring that the entire process undertaken by the
respondent Nos.1, 3, 4 and 5, starting from the alleged
equitable mortgage executed by the fourth respondent in favour
of the first respondent bank in respect of the property situate
at W-27, Block W, Anna Nagar, Chennai 600 040, the recovery
certificate issued by the Debts Recovery Tribunal in O.A.No.137
of 2003 and the proceeding in DRC No.119 of 2008, the auction
sale of the said property conducted by the third respondent and
confirmed in favour of the fifth respondent and all proceedings
pursuant to the same including the possession of the fifth
respondent of the said property is a nullity and non est in law.

https://hcservices.ecourts.gov.in/hcservices/

For petitioner ... Mr.P.K.Rajagopal For respondents ... Mr.MC.Ganesh for R.1

Mrs.R.Meenalochini for R.5.