The Madurai Bench dismissed the writ petition challenging the sale certificate and auction under the SARFAESI Act, holding that the issuance of the certificate extinguished the petitioner's right of redemption and precluded court intervention in ECourts.
The writ petition was dismissed; connected miscellaneous petitions were closed. No costs awarded.
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.
W.P(MD)No.21021 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and
THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN W.P(MD)No.21021 of 2021 and
WMP(MD)Nos.17669, 17621 and 17622 of 2021
... Petitioners
vs.
1)The Branch Manager, Fullerton India Home Finance Company Limited, No.163, Padmeswar Complex 2nd Floor, Kamarajar Salai, Madurai-625 009.
2)The Authorised Officer, Fullerton India Home Finance Company Limited, Megh Towers, 3rd Floor, Old No.307, New No.165, P.H. Road, Maduravoyal, Chennai-600 095.
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the sale auction notice dated 08.02.2021 issued by the 2nd respondent under the SARFEASI Act in respect of the sale notice mentioned property and set aside the sale dated 16.07.2021.
For Petitioner : Mr.K.Sujith
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
The writ petitioner is challenging the sale certificate in favour of the 3rd respondent issued by the 1st respondent Finance Company, in an E-auction sale held on 25.03.2021. As the sale certificate itself has already been issued, this Court cannot grant any order to the writ petitioner.
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W.P(MD)No.21021 of 2021
Assistant Registrar (CS-III)
// True Copy //
bala
+1 CC to M/s.K.SUJITH, Advocate ( SR-36357[F] dated 29/11/2021 )
ORDER MADE IN W.P(MD)No.21021 of 2021 DATED : 25.11.2021
VR(CO) GC(02.12.2021) 2P 2C
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2 issues framed by the court
Whether the High Court can set aside the sale certificate under the SARFAESI Act after it has already been issued.
Whether a notice of the auction was necessary for the petitioner when his right of redemption is extinguished.
R.Ramesh
R.Shanthi
The Branch Manager, Fullerton India Home Finance Company Limited
V.Jeyaraj
PUSHPA SATHYANARAYANA
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
