Dismissed

Agni Knowledge Foundation v. the Authorized Officer/

Madras HC29 Nov 2018WP(MD)/22774/2018

Case brief

AI extract

What is this about?

Petitioner challenged the taking of physical possession of property under the SARFAESI Act. The court dismissed the writ petition as an order under Section 14 of the SARFAESI Act had already been passed and a related stay application was pending before the Debt Recovery Tribunal.

What did the court decide?

The Writ petition was dismissed. The petitioner was at liberty to work out the remedy in the pending S.A.No.452 of 2017. Consequentially, the connected W.M.P. was closed.

Agni Knowledge Foundation Vs the Authorized Officer/ — Banking and Recovery | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2018 CORAM: THE HON'BLE Mr. JUSTICE R.SUBBIAH AND

¶3

THE HON'BLE Mrs. JUSTICE R.THARANI

¶4

W.P.(MD)No.22774 of 2018 and W.M.P.(MD)No.20650 of 2018

¶5

Agni Knowledge Foundation, Rep.by its Chairman and Managing Trustee, P.Kanniappan

¶6

... Petitioner

¶7

Vs.

¶8

1.The Authorized Officer / Chief Manager, Central Bank of India, Dindigul 624 001.

¶9

2.The District Collector, Dindigul.

¶10

3.The Tahsildar, Vedasandur, Dindigul District.

¶11

4.The Superintendent of Police, Dindigul.

¶12

... Respondents

¶13

PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents their men, servants or agents or anyone claiming under them from in any manner taking physical possession of the property described in Survey Nos.90/1B,1C,1D; 89/1A,1C,1D; 284/2, 284/2B,2C,2D, 88/2A,2B,2C; 90/1A1 and 985A,5B,5C, 95/3B, 95/6, 94/6A,6B,6C, 94/1A1,1A2,1B, 88/1B, 89/2B, 89/2C, 94/2B at Morepatti Village, Vedasandur Taluk, Dindigul District under the provisions of the SARFAESI Act.

¶14

For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for Mr.S.Vinod Sathya Lazar

¶15

For Respondents : Mr.N.Dilip Kumar for R1 Mr.R.Sethuraman, Spl.G.P.for R2 to R4

¶16

ORDER

¶17

(Order of the Court was made by R.SUBBIAH,J.)

¶18

https://hcservices.ecourts.gov.in/hcservices/ This Writ petition has been filed to issue a Writ of Mandamus, forbearing the respondents their men, servants or agents or anyone claiming under them from in any manner taking physical

¶19

¶20

possession of the property described in Survey Nos.90/1B,1C,1D; 89/1A,1C,1D, 284/2, 284/2B,2C,2D, 88/2A,2B,2C, 90/1A1 and 985A,5B,5C, 95/3B, 95/6, 94/6A,6B,6C, 94/1A1,1A2,1B, 88/1B, 89/2B, 89/2C, 94/2B at Morepatti Village, Vedasandur Taluk, Dindigul District under the provisions of the SARFAESI Act.

¶21

2.When the matter is taken up for hearing, the learned counsel appearing for the first respondent submitted that already an order dated 22.10.2018 under Section 14 of the SARFAESI Act has been passed and a copy of the same has also been furnished to the petitioner. He also submitted that as against the same, S.A.No.452 of 2017 is pending before the Debts Recovery Tribunal, Madurai.

¶22

3.In view of the above said submission, nothing survives for adjudication in this matter. Hence, this Writ petition is dismissed. The petitioner is at liberty to work out his remedy in the pending S.A.No.452 of 2017. No costs. Consequently, connected W.M.P.is closed.

¶23

Sd/-

¶24

Assistant Registrar(CO)

¶25

/True Copy/

¶26

Sub Assistant Registrar(CS-II)

¶27

¶28

1.The District Collector, Dindigul.

¶29

2.The Tahsildar, Vedasandur, Dindigul District.

¶30

3.The Superintendent of Police, Dindigul.

¶31

+1cc to Mr.S.Vinod Sathya Lazar,Advocate Sr.No.97698 +1cc to Mr.N.Dilip Kumar ,Advocate Sr.No.97722

¶32

NBJ

¶33

KM/PM/SAR2/20.12.2018/2P/6C

¶34

W.P.(MD)No.22774 of 2018 29.11.2018

¶35

https://hcservices.ecourts.gov.in/hcservices/

Agni Knowledge Foundation v. the Authorized Officer/

Case brief

What is this about?

What did the court decide?

Agni Knowledge Foundation v. the Authorized Officer/

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Magma Housing Finance Ltd. Vs the District Collector Cum

Velayutham Vs the Superintendent of Police

S.Malayaveeran Vs the District Collector

K.Muthu, S/O. Karunagaran, Vs the District Collector

P. Lasar, S/O. Pitchaimuthu, Vs the District Collector

Ramasamy, Vs the Tashildar