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BEFORE THE DEBTS RECOVERY TRIBUNAL - MADURAI
S.A. No: /2024
Between:
SELVI MARIDURAI,
1/1134, MALLI KITANGI ROAD,
ROSALPATTI, PANDIYAN NAGAR,
VIRUDHUNAGAR -626001
Applicant
And:
Authorized Officer,
Cholamandalam Investment and Finance Comp
any Ltd,
"Chola Crest", C54-55 & Super В-4,
Thiru-Vi-Ka Industrial Estate,
Guindy, Chennai - 600032 Defendant
APPLICATION UNDER SECTION 17 (1) OF THE SECURITIZATIONS
AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECIURITY INTEREST AСТ, 2002 (ACT 54 /
2004)
COUNSEL FOR THE APPLICANT:
K.SELVAKUMAR, MS/1582/2008,
195/2, KALLIGUDI ROAD, KARIAPATTI - 626 106,
VIRUDHUNAGAR DISTRICT,
CELL: 98651 22579
MAIL ID: selvakumaradvo@gmail.
com i
M. Selv
M.SELNI)
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BEFORE THE DEBTS RECOVERY TRIBUNAL - MADURAI
S.A. No: /2024
Between:
SELVI MARIDURAI,
1/1134, MALLI KITANGI ROAD,
ROSALPATTI, PANDIYAN NAGAR,
VIRUDHUNAGAR – 626001 Applicant
And:
Authorized Officer,
Cholamandalam Investment and Finance Company Ltd,
"Chola Crest", C54-55 & Super B-4,
Thiru-Vi-Ka Industrial Estate,
Guindy, Chennai - 600032 Defendant
INDEX
SI No Date Details of Documents Page No
1. 24/10/2024 Application U/S 17(1) of the
4-14
SARFAESI ACT, 2002
2 24/10/2024 Description of Property 15-19
24/10/2024 List of Documents 24
724/10/
3
20-36
4 24/10/2024 Vakkalath nama 37-38
M.Selvi
(M.SELVI)
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All the above documents are certified to be the true copies of
their originals.
Dated at Madurai on this 24th day of October, 2024.
M. Selvi
CM-SEVI) hago
COUNSEL FOR THE APPLICANT
K. SELVAKUMAR
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BEFORE THE DEBTS RECOVERY TRIBUNAL - MADURAI
S.A. No: /2024
Between:
SELVI MARIDURAI,
1/1134, MALLI KITANGI ROAD,
ROSALPATTI, PANDIYAN NAGAR,
VIRUDHUNAGAR -626001 Applicant
And:
Authorized Officer,
Cholamandalam Investment and Finance Company Ltd,
"Chola Crest", C54-55 & Super B-4,
Thiru-Vi-Ka Industrial Estate,
Defendant
Guindy, Chennai - 600032
SECURITIZATIONS
APPLICATION UNDER SECTION 17 (1) OF THE
TS AND
AND RECONSTRUCTION OF FINANCIAL ASSE
ST AСТ, 2002 (АСТ 54/
ENFORCEMENT OF SECIURITY INTERE
2004)
ON:
DETAILS OF THE APPLICATI
1. PARTICULARS OF THE
APPLICANT:
SELVI MARIDURAI,
i) Name of the Applicant :
AD,
1/1134, MALLI KITANGI RO
M.Sehri
(M-SELVI)
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ROSALPATTI, PANDIYAN NAGAR,
VIRUDHUNAGAR -626001
ii) Address of the Applicant: As above
iii) Address of service of all
Notices : K.SELVAKUMAR,
195/2, KALLIGUDI ROAD,
KARIAPATTI - 626 106,
VIRUDHUNAGAR DISTRICT,
CELL: 98651 22579
2) PARTICULARS OF THE DEFENDANT:
i) Name of the Defendant: Authorized Officer,
Cholamandalam Investment and Finance Company Ltd,
"Chola Crest", C54-55 & Super B-4,
Thiru-Vi-Ka Industrial Estate,
Guindy, Chennai - 600032
ii) Office Address of the Defendant: As above
iii) Address for service of all
Notices : As above
i
M.Sew
CM- SELVI)
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3) JURISDICTION OF THE TRIBUNAL:
The Applicant declares that the subject matter of this application
falls within the jurisdiction of this Honorable Tribunal as the
Applicant and properties are situated at Virudhunagar district.
4) LIMITATION:
The Applicant further declares that this Application is filed within
the limitation prescribed in Sub-Section (1) of Section 17 of the
SARFAESI AСT, 2002, pursuant to the order passed by the
Honorable C J M in the Court of C J M Virudhunagar District at
Srivilliputhur in Crl.M.P.No: 1454/2024 on Friday the 27th day of
September, 2024, consequently the Advocate commissioner has
sent the copy of the intimation Notice through registered post to
the Applicant's address dated on 22/10/2024, regarding to take
physical possession of the schedule mentioned property on
26/10/2024.
5) FACTS OF THE CASE:
1. The Applicant submit that the above application is filed by
challenging the order passed by the Honorable CJ M in the Court
of CJM Virudhunagar District at Srivilliputhur in Crl.M.P.No:
1454/2024 on Friday the 27th day of September, 2024.
M.Selvi
(M.SELVI)
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2. The Applicant respectfully submit that the Applicant had
borrowed loan from the Defendant Bank and was prompt in
servicing interest and repayment of principal regularly, however
due to intervention of Covid-19 Pendemic, the Applicant was not
able to adhere to the repayment schedule of the Defendant Bank,
all of a sudden the Defendant Bank issued Demand Notice dated
on 08/05/2024 and called upon the Applicant to pay a sum of
Rs.1, 38, 49, 076/ within sixty days from the date of receipt of the
demand notice by the Applicant.
3. The Applicant submit that the Applicant is always willing and
ready to settle the outstanding liability by way of O TS up to the
tune of Rs. 1 crore. But Defendant Bank without considering the
requisition of the Applicant, in a hurried manner issued E-Auction
Sale Notice dated on 19/07/2024 by fixing the sale date on
23/08/2024. Aggrieved by this the Applicant has filed an
Application before this Honorable Tribunal in S A No: 534 Of 2024
by challenging the sale Notice. This Honorable Tribunal passed
order on 02/09/2024 subject to the payment of 50% of the entire
suit amount (i.e., Rs. 1,40,29,710/) in 4 equal installments.
4. The Applicant submit that it could not able to comply with the
conditions. So the Applicant has filed a Time Extension petition for
M. Sewi
CM-SELVI)
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