Dismissed

T.Selvamani Ammal v. The Authorised Officer

Madras HC8 Apr 2021WP/18003/2020

Case brief

AI extract

What is this about?

The petitioner, a borrower, filed a writ petition seeking a stay on actions by the secured creditor under Section 13(4) of the SARFAESI Act, pending the disposal of an appeal before the Debts Recovery Tribunal. The court rejected the plea to carry forward the writ petition on the advice of counsel and disposed of it without adjudicating the merits.

What did the court decide?

No order as to costs.

T.Selvamani Ammal Vs The Authorised Officer — Banking and Recovery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2021

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CORAM :

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The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE

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AND

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The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.18003 of 2020
T.Selvamani Ammal .. Petitioner
-vs-
1. The Authorised Officer,
Bank of Baroda(erstwhile Vijaya Bank)
Anna Nagar Branch, No.W-122, 3rd Avenue,
Anna Nagar, Chennai.
2. Sree Deepthi Ventures Limited
Registered Office No.32/10 Loganathan
Street Ambattur Chennai 600 053
3. Tummpudai Subba Rao
4. T.S.Seethamma
5. Manivasagam Kandhaswamy
6. T.Venkata Subba Rao
7. T.Venkata Krishna Rao
8. K.M.Kandhasamy
9. T.V.K.Sandeep
10.Sai Aravind .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the first respondent, their men, officers, Agents, Servants, Representative or any one claiming through or under them or any other person from proceeding any further in terms of Sale Notice dated 31.10.2020 till such time the appeal to be disposed by the Debts Recovery Tribunal at Chennai in S.A.No.54 of 2020.

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For Petitioner : Mr.G.Peranban

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

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ORDER

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(Made by The Hon'ble Chief Justice)

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It is submitted on behalf of the petitioner that the petitioner, a borrower who has obtained the credit facilities from the respondent secured creditor, has already challenged the measures taken by the secured creditor under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the appropriate Debts Recovery Tribunal and the judgment in the matter is awaited.

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In view of such submission, the writ petition cannot be carried forward. Accordingly, W.P.No.18003 of 2020 is disposed of without going into the merits thereof. There will be no order as to costs.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
sra
To
1. The Authorised Officer,
Bank of Baroda(erstwhile Vijaya Bank)
Anna Nagar Branch, No.W-122, 3rd Avenue,
Anna Nagar, Chennai.
2. The Registrar,
Debts Recovery Tribunal,
Chennai.
W.P.No.18003 of 2020
VSN-II(CO)
CSR 28.04.2021

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

T.Selvamani Ammal v. The Authorised Officer

Case brief

What is this about?

What did the court decide?

T.Selvamani Ammal v. The Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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