In a contempt petition alleging willful disobedience of a court order under Section 11 of the Contempt of Courts Act, 1971, the Madurai Bench dismissed the proceeding because the respondent Bank, notified under SARFAESI Act, was not impeded from proceeding with its actions.
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Cont.P.(MD) No.1920 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Cont.P.(MD) No.1920 of 2023 in W.M.P.(MD) No.12023 of 2023 in W.P.(MD) No.14176 of 2023
M.Sangli ... Petitioner
-vs-
M.Raja Authorized Officer Bandhan Bank Zion Towers, 1st Floor No.39, Pandian Nagar Byepass Road Kalavasal Junction Madurai-625 016
... Respondent
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for the willful disobedience of the order passed by this Court in W.M.P.(MD) No.12023 of 2023 in W.P. (MD) No.14176 of 2023, dated 20.06.2023.
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Cont.P.(MD) No.1920 of 2023
For Petitioner : Mr.A.Haja Mohideen
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This contempt petition has been filed alleging willful disobedience of the order, dated 20.06.2023, made in W.M.P.(MD) No.12023 of 2023 in W.P. (MD) No.14176 of 2023.
2. The respondent – Bank previously known as Gruh Finance Limited has been notified as a Financial Institution by the Ministry of Finance, Government of India, for invoking the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, “SARFAESI Act”). Hence, there is no impediment for the respondent – Bank / secured creditor to proceed with the action under the SARFAESI Act. Thus, no contempt proceedings need to be entertained.
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Cont.P.(MD) No.1920 of 2023
3. Accordingly, the contempt petition is closed.
[S.M.S., J.] [L.V.G., J.] 16.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
Note to Office:
Post W.P.(MD) No.14176 of 2023 after one week for final disposal.
krk
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Cont.P.(MD) No.1920 of 2023
S.M.SUBRAMANIAM, J. and L.VICTORIA GOWRI, J.
krk
Cont.P.(MD) No.1920 of 2023 in W.M.P.(MD) No.12023 of 2023 in W.P.(MD) No.14176 of 2023
16.10.2023
_____________ Page 4 of 4_
M.Sangli
M.Raja Authorized Officer Bandhan Bank Zion Towers
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
