Writ petition filed to direct the Debt Recovery Tribunal to number and entertain a delayed application under the SARFAESI Act. Court disposed of the petition without costs as the Tribunal had accepted the belated submission. No costs awarded.
Writ petition disposed of. No costs awarded to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21/11/2017
C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.28339 of 2017 B.Boopathi Kannan ... Petitioner Vs 1. The Authorised Officer M/s. Edleweiss Housing Finance Ltd No.229, ITI Centre, III Floor Sir Shanmugham Salai R.S.Puram Coimbatore 2. 2. M/s. Edleweiss Housing Finance Ltd rep. by the Manager No.229, ITI Centre, III Floor Sir Shanmugham Salai R.S.Puram Coimbatore 2. 3. Mr.Su.Alagappan 4. Mrs.Sasikala 5. The Registrar Debt Recovery Tribunal Coimbatore. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the fifth respondent to receive and number the petition filed for condoning the delay in filing the application under Section 17 (1) of SARFAESI Act, which was returned on 24/10/2017.
For petitioners ... Mr.R.Amardeep
O R D E R
(Order of the Court was made by S.MANIKUMAR, J)
Before the Debt Recovery Tribunal, Coimbatore, borrowers have filed SARFAESI application, under Section 17 (1) of the SARFAESI Act, 2002, challenging sale notice dated 3/6/2017, but with a delay of 61 days. Registry of the Tribunal has returned the papers by making the following endorsement
“Petition for condoning delay in filing SARFAESI Application cannot be taken up as SARFAESI Act being a special act and time stipulated for filing application under Section 17 (1) of the Act is within 45 days.”
Sd/Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar mvs.
To
+1cc to Mr.TAMIZH LAW FIRM, Advocate, S.R.No. 82997
Writ Petition No.28339 of 2017
SK(CO) TR(11/12/2017)
1 issue framed by the court
Whether the writ petition to direct the Debt Recovery Tribunal to receive a delayed application under Section 17(1) of the SARFAESI Act should be allowed in light of the Tribunal having accepted the b
2 provisions across 2 enactments
B.Boopathi Kannan
The Authorised Officer M/s. Edleweiss Housing Finance Ltd
M/s. Edleweiss Housing Finance Ltd
Mr.Su.Alagappan
Mrs.Sasikala
The Registrar Debt Recovery Tribunal Coimbatore
S.Manikumar
R.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
