S. THANGARAJ Vs. TAMIL NADU MERCANTILE BANK LTD.

JUDGEMENT

(1.) The above Writ Petition has been filed by the petitioner to issue a Writ of certiorarified mandamus to call for the records of the impugned order dated 20.07.2018 in R.A. (SA). No. 77 of 2014 on the file of the Debt Recovery Appellate Tribunal, Chennai and to quash the same.

(2.) The petitioner borrowed a sum of Rs. 14,50,000/- from the 1st respondent - Bank during the year 2005 and mortgaged his property measuring an extent of 2444.38 sq.ft., along with a residential house thereon situated at Sirudur Village, Madurai and another property measuring 637.26 sq.ft. Punjai land standing in the name of one D. Duraisekaran as collateral security.

(3.) The learned counsel appearing for the petitioner submitted that though the petitioner had mortgaged the property measuring an extent of 2444.38 sq.ft., the respondent - Bank had only sold an extent of 2084.01 sq.ft., but issued Sale Certificate in respect of the entire extent.