Allowed

Dr.v.Ganesh Murthy v. M/S. Bajaj Finance Limited

Madras HC15 Jun 2022CRL OP/22666/2021

Case brief

AI extract

What is this about?

The High Court set aside an order passed by the Chief Metropolitan Magistrate under the SARFAESI Act without hearing the petitioner. The court directed the lower court to rehear the case and pass orders afresh after providing a sufficient opportunity to the petitioner.

What did the court decide?

The order passed by the learned Chief Metropolitan Magistrate in Crl.M.P.No.5886 of 2020 under SARFAESI Act is set aside. The lower court shall pass orders afresh after providing sufficient opportunit

Dr.v.Ganesh Murthy Vs M/S. Bajaj Finance Limited — Criminal Trial and Appeal | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.06.2022

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CORAM:

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THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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CRL.O.P.NO.22666 OF 2021 AND CRL.M.P.NO.12338 OF 2021

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Dr.V.Ganesh Murthy ...Petitioner

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Versus

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1.M/s.Bajaj Finance Limited Unit No.804, 8^th Floor 177, Delta Wing, Raheja Towers Anna Salai, Chennai 600 002. Rep.by its Authorised Officer.

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2.M/s.Phoenix ARCX Private Limited Danicorporate Part, 5^th Floor No.158, CST Road, Kalina Santacruz (E) Mumbai 400 098. Rep.by its Authorized Officer Mr.Sailesh Iyengar ...Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Crl.M.P.No.5886 of 2020 on the file of the Learned Chief Metropolitan Magistrate Court, Egmore, Chennai and set aside the impugned order dated 06.09.2021.

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For Petitioner : Mr.N.S.Thanu Madhan

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ORDER

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This petition has been filed to call for the records pertaining to the Crl.M.P.No.5886 of 2020 on the file of the Learned Chief Metropolitan Magistrate Court, Egmore, Chennai and set aside the impugned order dated 06.09.2021.

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When the case came up for hearing on 13.06.2022, the Learned Counsel for the Petitioner submitted his arguments. He placed reliance on the ruling of the Hon'ble Supreme Court of India. As per his submission, without affording an opportunity of hearing to the Petitioner, the Learned Chief Metropolitan Magistrate Court, Egmore, Chennai had passed orders in Crl.M.P.No.5886 of 2020 under SARFAESI Act.

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Aggrieved by the order passed by the Learned Chief Metropolitan Magistrate Court, Egmore, Chennai, the Petitioner has approached this Court to set aside the order passed in Crl.M.P.No.5886 of 2020, for not affording the opportunity to the Petitioner herein.

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Today, when the case came up for hearing for reply of the first Respondent/Bajaj Finance Limited, there was no representation for the first Respondent.

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The Learned Counsel for the Petitioner submitted that he had already issued notice on the Counsel for M/s.Bajaj Finance Limited as well as to M/s.Bajaj Finance Limited. Without hearing the complainant, the Court did not want to pass orders, hence this case was posted on 15.06.2022. Even today there is no representation for the first Respondent. Hence, it is to be presumed that they admitted the submission of the Learned Counsel for the Petitioner.

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On perusal of the records, the submission of the Learned Counsel for the Petitioner is found acceptable. Therefore, the order passed by the Learned Chief Metropolitan Magistrate Court, Egmore, Chennai, in Crl.M.P.No.5886 of 2020 under SARFAESI Act is set aside. The Learned Chief Metropolitan Magistrate Court, Egmore, Chennai, shall pass orders afresh, after providing sufficient opportunity to the petitioner, as per law.

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With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

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dna

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The Chief Metropolitan Magistrate Court, Egmore, Chennai.

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+2ccs to Mr.Thanu Madhan, Advocate Sr.No.35792

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Crl.O.P.No.22666 of 2021 and Crl.M.P.No.12338 of 2021

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SKM(CO) RVM(14/07/2022)

Dr.v.Ganesh Murthy v. M/S. Bajaj Finance Limited

Case brief

What is this about?

What did the court decide?

Dr.v.Ganesh Murthy v. M/S. Bajaj Finance Limited

Case brief

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What did the court decide?

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