Petitioner, a successful bidder under SARFAESI Act, sought writ direction for physical possession of property. Court noted pending appeal at DRAT and dismissed the petition without costs.
Writ of Mandamus directed to implement order and hand over possession was dismissed.
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W.P(MD)No.4145 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.4145 of 2022
Mrs.S.Devirani ... Petitioner
vs.
1.The Authorized Officer, Bank of Baroda, Annanagar Branch, HIG 16, 80 feet Road,
Annanagar, Madurai District.
2.The District Collector, O/o. District Collectorate, Madurai District, Madurai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the respondents to implement the order and take physical, actual, vacant possession of the property comprised in R.S.No.49/1, Plot No.21, Rasi Jai Garden, Kodikulam 2nd Street, Surya Nagar, Madurai Town, Madurai District, on the basis of the order passed by the 2nd respondent dated 28.11.2018 under Section 14 of SARFAESI Act 2002 and to hand over the possession to the petitioner within a short span of time as may be fixed by this Hon'ble Court.
For Petitioner : Mr.M.Ponniah For R1 : Mr.M.Prakash For R2 : Mr.L.Saji Bino Special Government Pleader
ORDER
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
The petitioner who is the successful bidder in an auction held under SARFAESI Act, seeks a direction to the respondents to put her in physical possession of the property.
Page 1/2
W.P(MD)No.4145 of 2022
Sd/-
Assistant Registrar (AS)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
To
ORDER MADE IN W.P(MD).No.4145 of 2022 DATED : 09.03.2022
SS/22.03.2022 : 2P/5C
Page 2/2
1 issue framed by the court
Whether the respondent is directed to implement the SARFAESI order and hand over possession to the successful bidder.
2 provisions across 2 enactments
Mrs.S.Devirani
The Authorized Officer, Bank of Baroda, Annanagar Branch
The District Collector, O/o. District Collectorate, Madurai District
R.Subramanian
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
