The High Court dismissed a writ petition filed under Article 226 challenging a notice issued under Section 13(2) of the SARFAESI Act. The petition was allowed no reference because the respondent bank submitted that the borrower had paid the entire loan amount.
The writ petition was dismissed; no costs awarded connected petitions 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.1447 of 2008 and M.P.Nos.1, 2 of 2008 and 1 of 2011
Mr.S.Shanmugam ...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. 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.Yeses International.
For Petitioner : No Appearance For Respondent : Mr.P.J.Rishikesh, for R1 No Appearance, for R2 Mr.P.N.Radhakrishnan, for R3
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
W.P.No.1447 of 2008
NR(CO)
GMY(29/08/2019)
1 issue framed by the court
Whether the writ petition challenging the notice issued under Section 13(2) of the SARFAESI Act survives for consideration when the borrower has paid the entire loan amount.
1 provisions across 1 enactments
Mr. S. Shanmugam
ASREC (India) Ltd.
The Lakshmi Vilas Bank Ltd.
Indian Oil Corporation Ltd.
Mr. Justice K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
