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CHOLAMANDALAM INVESTMENT & OTHER vs. THE ASSISTANT COMMISSIONER & OTHERS
(Madras High Court)

Hon'ble Judges:

VIVEK KUMAR SINGH
Pet. Counsel
V. Sukumar
Res. Counsel
J.k. Jayaselan

Petitioner / Applicant

CHOLAMANDALAM INVESTMENT & OTHER

Respondent THE ASSISTANT COMMISSIONER & OTHERS
Court Madras High Court
State

Tamilnadu

Date Mar 26, 2025
Order No.

W. P. (MD)No. 4250 of 2025 And WMP (MD) No. 3053 of 2025

Citation

2025(3) TAXREPLY 12852

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ORDER

ORDER The present writ petition has been filed challenging the recovery notice issued by the first respondent dated 08.11.2024 and seeking a direction to the second respondent to delete the attachment endorsement in the encumbrance certificate created at the instance of the first respondent. 2. The case of the petitioner is that, out of the property in Survey No. 285, measuring 8.38 acres, and in Survey No. 286, measuring 10.65 acres, totaling 19.03 acres, 3.17 1/3 acres of land were converted into house plots. A few plots, measuring 1400 sq. ft. each, are situated at Aandankovil West Part Village, Manmangalam Taluk, Karur District. The respondents 3 to 5 executed various loan documents in favor of the petitioner institution and the said property is considered a "Secured asset" under Section 2(zc) of the SARFAESI Act. Due to non-payment of the loan, the loan account of the respondents 3 to 5 was classified as a Non-performing Asset (NPA) on 05.09.2023. Following th....

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