The Single Judge dismissed the writ petition seeking prohibition of recovery proceedings by LIC Housing Finance under the SARFAESI Act. The Court held that such petitions are not maintainable as remedies are available to borrowers under the Act itself.
Writ petition dismissed as not maintainable. Connected WMP closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26/7/2017
The Honourable Mr.JUSTICE S. MANIKUMAR
and
The Honourable Mrs.JUSTICE V. BHAVANI SUBBAROYAN
Writ Petition No.19098 of 2017 and
WMP.No.20608 of 2017
R. Bharathiraja ...Petitioner Vs The LIC Housing Finance Corporation Ltd rep. by its Regional Manager Regional Office, Chennai ...Respondent
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of mandamus forbearing the respondent from initiating any action against the petitioner under the SARFAESI Act, in the light of the representation dated 28/3/2015. For Petitioner : Mr.V.Singan O R D E R (Order of the Court was made by S.Manikumar,J)
Contending inter alia that there is no collateral security in the project, for which an agreement has been entered into between the parties, which is yet to commence, petitioner is stated to have sent a representation, dated 28/3/2015, to the LIC Housing Finance Corporation Ltd., Recovery cell, Chennai, not to issue any threatening letter, to pay the loan availed, or to publish in the newspaper and thus, forcing the petitioner, to vacate the house. On behalf of LIC Housing Finance Corporation Limited, Chennai, a reply, dated 8/6/2015, has been issued to the petitioner, stating that despite reminders, repayment of Rs.22,00,099/-, has not been made.
action, as against the petitioner, under the SARFAESI Act, 2002, in the light of the representation, dated 28/3/2015.
Sd/Assistant Registrar(CS III)
//True Copy// Sub Assistant Registrar
To
The Regional Manager LIC Housing Finance Corporation Ltd Regional Office, Chennai.
1 issue framed by the court
Whether a writ of mandamus can be issued to restrain a financial institution from initiating proceedings for recovery under the SARFAESI Act, 2002.
4 provisions across 2 enactments
R. Bharathiraja
LIC Housing Finance Corporation Ltd
S. Manikumar
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
