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Madras High CourtAPPLN/368/2024ordered

Axis Finance Limited v. B.Anupriya

2024-12-02Honourable Mr Justice P.B. Balaji2 pages

Appln (IP) No.368 of 2024 in IP.No.22 of 2024 P.B.BALAJI, J.

The present application has been filed to permit the applicant who is the third party/secured creditor to sell the Secured Asset more fully set out in the schedule to the Judges Summons in terms of the SARFAESI Act, 2002 and to realize any shortfall adjusting the sale proceeds, if any, by filing a claim before the Official Assignee in I.P.No.22 of 2014. 2.I have heard the learned counsel for the applicant and the learned Official Assignee.

3.The learned Official Assignee fairly submits that the asset being secured in favour of the applicant by way of a registered mortgage and she has no objection for the present application being ordered. 4.I have gone through the affidavit filed in support of the application and I am satisfied that the applicant is the secured creditor, his interest being secured by way of a registered mortgage deed, registered memorandum of deposit of title deeds dated 06.04.2023 in Doc.No.2131 of 2023 on the file of the SRO, Purasawakkam.

5.In view of the above, the application is ordered as prayed for. 02.12.2024 ata https://www.mhc.tn.gov.in/judis

P.B.BALAJI, J.

ata Appln (IP) No.368 of 2024 in IP.No.22 of 2024 02.12.2024 https://www.mhc.tn.gov.in/judis