Partly allowed

Pauldurai.M v. Aspire Home Finance Corporation Limited

Madras HC11 Nov 2022WP(MD)/10369/2022

Case brief

AI extract

What is this about?

This writ petition challenging a possession notice under Section 13(4) of the SARFAESI Act and a consequential order under Section 14(1) was closed by granting the petitioner liberty to work out her remedy before the Debts Recovery Tribunal.

What did the court decide?

Writ Petition closed; liberty granted to petitioner to work out remedy before Debts Recovery Tribunal; no costs.

Pauldurai.M Vs Aspire Home Finance Corporation Limited — Banking and Recovery | Madras HC (2022)

¶1

W.P.(MD) No.10369 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 11.11.2022

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

¶6

AND

¶7

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

¶8

W.P.(MD)No.10369 of 2022 and W.M.P.(MD)No.7372 of 2022

¶9

M.Pauldurai ... Petitioner

¶10

-Vs-

¶11

Aspire Home Finance Corporation Limited, Through its Authorized Officer, Shop No.2, First Floor, 'V' Complex, Door No.6/81, Avadi Main Road, Sennerkuppam, Poonamalle-600056.

¶12

... Respondent

¶13

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the possession notice dated 22.09.2021 under Section 13(4) of SARFAESI Act, r/w Rule 8 of Securities Interest (Enforcement) Rules, 2002 on the file of the respondent as well as the consequential order passed by the learned Chief Judicial Magistrate,

¶14

Page 1 of 4

¶15

https://www.mhc.tn.gov.in/judis

¶16

W.P.(MD) No.10369 of 2022

¶17

Tirunelveli in Crl.M.P.No.12719 of 2021, dated 18.04.2022 under Section 14(1) of SARFAESI Act and quash the same.

¶18

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.R.Krishnan

¶19

ORDER

¶20

[Order of the Court was made by R.MAHADEVAN, J.]

¶21

Challenging the possession notice dated 22.09.2021, issued by the respondent under Section 13(4) of SARFAESI Act, r/w Rule 8 of Securities Interest (Enforcement) Rules, 2002 as well as the consequential order passed by the learned Chief Judicial Magistrate, Tirunelveli in Crl.M.P.No.12719 of 2021, dated 18.04.2022 under Section 14(1) of SARFAESI Act, the petitioner has filed this Writ Petition.

¶22

2.When the matter was taken up for hearing, the learned counsel for the respondent – Bank submitted that the petitioner has not complied with the conditional interim order of this Court dated 25.05.2022.

¶23

Page 2 of 4

¶24

https://www.mhc.tn.gov.in/judis

¶25

W.P.(MD) No.10369 of 2022

¶26

3.At this juncture, the learned counsel for the petitioner submitted that

¶27

the petitioner may be granted liberty to work out his remedy before the Debts Recovery Tribunal.

¶28

4.In view of the above submissions, this Writ Petition is closed, granting liberty to the petitioner to work out his remedy before the Debts Recovery Tribunal. No costs. Consequently, connected miscellaneous petition is closed.

¶29

[R.M.D., J.] & [J.S.N.P., J.]

¶30

11.11.2022

¶31

Index : Yes / No Internet : Yes / No

¶32

Myr

¶33

Page 3 of 4

¶34

https://www.mhc.tn.gov.in/judis