In a writ petition challenging a demand notice issued under Section 13(2) of the SARFAESI Act, the Madras High Court dismissed the petition on the ground that the petitioner paid the entire loan amount to the first respondent, rendering the notice inoperative.
The Writ Petition is dismissed. No costs. Connected miscellaneous petitions are 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 11.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.1446 of 2008 and M.P.Nos.1 and 2 of 2008
Mrs.S.Gowri
...Petitioner
Vs
1. ASREC (India) Ltd.,
UTI Tower,
Gn Block,
Bandra - Kurla Complex,
Bandra (East),
Mumbai 400 051.
2. The Lakshmi Vilas Bank Ltd.,
Purasalwakam Road,
Chennai.
3. The Senior Terminal Manager,
Indian Oil Corporation Ltd.,
Korukupet Terminal,
Kathivalkam High Road,
Kathivalkam,
Chennai 19. ..Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus forbearing the first respondent their men or agents or any one claiming under them from proceeding further under the demand notice dated 30.11.2007 purportedly issued pursuant to the alleged assignment deed executed by the 2nd respondent in favour of the 1st respondent in the account M/s.Kavitha Enterprises.
ORDER
This Writ Petition has been field challenging the notice issued under Section 13 (2) of the SARFAESI Act.
Sd/-
Assistant Registrar(CS-IV)
//True copy//
Sub Assistant Registrar
pvs
+1cc to Mr.P.J.Rishikesh, Counsel for R1 SR.No.58524
+2cc to Mr.P.N.Radhakrishnan, Counsel for R3 SR.No.59572
+1cc to Mr.P.J.Rishikesh, Counsel for R1 SR.No.58524 (09/10/2019)
W.P.No.1446 of 2008
NR(CO)
GMY(29/08/2019)
1 issue framed by the court
Whether a writ petition challenging a notice issued under Section 13(2) of the SARFAESI Act survives when the respondent bank has received the entire loan amount.
2 provisions across 2 enactments
Mrs. S. Gowri
ASREC (India) Ltd.
The Lakshmi Vilas Bank Ltd.
The Senior Terminal Manager, Indian Oil Corporation Ltd.
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
