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2017 (3) TMI 623 - HC - Indian LawsCo-operative Bank jurisdiction to invoke the provisions of SARFAESI Act, 2002 - load was taken by the father who has died - suppressed knowledge of the loan transaction - Held that:- Material on record shows that Reserve Bank of India, Rural Planning and Credit Department, Chennai, has granted licence to Puducherry State Co-operative Bank Ltd., Puducherry, to carry on banking business. In the letter, dated 08.03.2002, submitted by Mr.Veerappan (since deceased), the borrower and father of the petitioner, the petitioner has signed as a witness. Same is the case in letter of the borrower, dated 06.01.2015, submitted to the Manager, Puducherry Co-operative Bank Ltd., Puducherry, in which, the petitioner has signed as a witness. When the petitioner has signed as a witnesss, to the letters, dated 08.03.2002 and 06.01.2015, respectively, submitted by the borrower/his father, it is not open to him to contend that he was not aware of the loan transaction. It is the considered view of this Court that having full knowledge of the loan availed by his father, steps taken by the secured creditor, the petitioner has suppressed the above facts, in the supporting affidavit and feigned ignorance of the same. As rightly contended by the Bank, the petitioner, who has approached this Court, with unclean hands, suppressed knowledge of the loan transaction, steps taken by the bank for recovery, is not entitled to any equitable relief. During the hearing of this writ petition, the writ petitioner has undertaken not to make any alteration to the building and in this regard, Mr.T.P.Prabhakaran, learned counsel appearing for the petitioner has made submissions. While dismissing the writ petition, it is made clear that the statement made across the bar, shall not be breached. If there is any breach, the bank is at liberty to seek for appropriate relief, including invoking the provisions of the Contempt of Courts Act, 1971.
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