CITIBANK N A Vs. INSPECTOR OF POLICE, E 1 MYLAPORE POLICE STATION, MYLAPORE, CHENNAI-4 AND VENKAT RAMANUJAM SANKARAN

JUDGEMENT

(1.) The petition is filed to direct the 1st respondent to register the F.I.R. on the complaint of the petitioner dated 22.03.2011 against one Venkat Ramanujam Sankaran and take action in accordance with law.

(2.) Learned Counsel for the petitioner submits that he is the Authorised Officer of the Citibank N.A. and the 2nd respondent had availed financial facilities of Rs.29 Lakhs from their bank and created an equitable mortgage of his property situate at 3rd Floor, Pent House, Old No.120, New No.14, Sivagami Salai, Sullivan Garden Road, Mylapore, Chennai with an intention to create security for repayment of the loan. Since the 2nd respondent was irregular in repayment of the loan, the petitioner has taken possession of the above said immovable property as per the provision of SARFAESI Act and the copy of the possession was also served on him. The learned Counsel further submits that the 2nd respondent has challenged the same before the Debts Recovery Tribunal-I, Chennai who directed the petitioner to hand over the possession of the property to the 2nd respondent. Aggrieved over the same, the petitioner preferred an appeal before the Debts Recovery Appellate Tribunal, Chennai and also obtained an order of stay. The learned Counsel also submits that in the meantime, the 2nd respondent had broken the lock and committed criminal trespass into the aforesaid property and also in the occupation of the same. Hence this petition.

(3.) Heard the learned Government Advocate (Criminal Side) appearing for the 1st respondent and also perused the materials available on record.