Dismissed

Marimuthu.S, v. The Authorized Officer

Madras HC13 Aug 2021WP(MD)/6377/2021

Case brief

AI extract

What is this about?

The Supreme Court (note: user text implies this, but header says Madras High Court) disposed of a writ petition wherein the petitioner's counsel sought permission to withdraw the petition with liberty to approach the Debts Recovery Tribunal. The court granted the request and dismissed the petition.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to move Debts Recovery Tribunal.

Marimuthu.S, Vs The Authorized Officer — Madras HC (2021) — LawSathi Research

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W.P(MD)NO.6377 OF 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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W.P(MD)NO.6377 OF 2021 and W.M.P(MD)Nos.4981 and 4978 of 2021

1.S.Marimuthu,

2.M.Muthumari

3.S.Mariammal

4.G.Subramanian

5.Backialakshmi

6.Thangamuthumari :Petitioners

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.vs.

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1.The Authorized Officer, M/s.REPCO Home Finance Limited, (Promoted by REPCO Bank-Govt of India Enterprise), Repco Towers, 33, North Usman Road, T.Nagar, Chennai-600 017.

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2.The Branch Manager M/s.REPCO Home Finance Limited, (Promoted by REPCO Bank-Govt of India Enterprise), Virudhunagar Branch, No.103/1, First Floor(Upstairs Bank of India), Madurai Road, Virudhunagar – 626 001. :Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records on the file of the first respondent proceedings in Possession Notice dated 12.2.2020 under Section 13(4) and Order, dated 22.01.2021 made in Crl.M.P.No.18 of 2020, on the file of the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur under Section 14 of the SARFAESI Act, 2002 and to https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)NO.6377 OF 2021

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quash the same as illegal, incompetent, unconstitutional and without jurisdiction.

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For Petitioners : Mr.C.Prithiviraj

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Mr.C.Prithiviraj, learned counsel appearing for the Petitioners seek permission of this Court to withdraw this Writ Petition, with liberty to move the Debts Recovery Tribunal.

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2.In view of the submission made by the learned counsel appearing for the Petitioners, this Writ Petition is dismissed as withdrawn. However, it is open to the Petitioners to challenge the impugned orders before the Debts Recovery Tribunal, in accordance with law. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

// True Copy //

vsn

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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W.P(MD)NO.6377 OF 2021 and W.M.P(MD)Nos.4981 and 4978 of 2021

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13.08.2021 MGJ (24/08/2021) 2P 1C

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

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Marimuthu.S, v. The Authorized Officer

Case brief

What is this about?

What did the court decide?

Marimuthu.S, v. The Authorized Officer

Case brief

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