Dismissed

M/S.I Silver Electronics and Networks Private Limited, v. Union of India

Madras HC10 Jul 2023WP/19774/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution, the petitioner, a lessee of a secured asset, challenged the possession of movable property by the fourth respondent under the SAFARI Act. The court held that the Debts Recovery Tribunal is the appropriate forum for relief under Section 17 of the Act. The petition was disposed of in the interest of justice with no order as to costs.

What did the court decide?

Petition disposed; no order as to costs.

M/S.I Silver Electronics and Networks Private Limited… — Company and Corporate | Madras HC (2023)

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W.P.No.19774 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.07.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.No.19774 of 2023

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I Silver Electronics and Networks Private Limited rep. by its General Manager, Luckman S/o.Mohammed Iqbal

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Nehru Colony, Mahalingapuram Pollachi Taluk, Coimbatore District.

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.. Petitioner

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The Union of India rep. by its Secretary Ministry of Finance Parliamentary House New Delhi.

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The Chief General Manger Reserve Bank of India Central Office Building, 20^th Floor Shahid Bhagat Singh Road Mumbai – 400 001.

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The Regional Director Reserve Bank of India Fort Glacis, No.16, Rajaji Salai Chennai – 600 001.

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Page 1 of 5

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

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W.P.No.19774 of 2023

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The Authorised Officer Cholamandalam Investment and Finance Company Limited office at D.No.301, 302, 3^rd Floor Raheja Centre, Avinashi Road Coimbatore – 641 018.

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Revathy

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to consider and dispose the representation dated 27.2.2023 which is given by the petitioner against the fourth respondent within a stipulated time.

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For the Petitioner : Mr.M.Saravanakumar

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For the Respondents : Mr.K.Gangadharan for respondents 1 to 3

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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We have heard Mr.M.Saravanakumar, learned counsel for the petitioner, and Mr.K.Gangadharan, learned counsel for respondents 1 to 3.

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Learned counsel for the petitioner submits that the petitioner is a lessee of a secured asset. Action was taken by the fourth respondent/secured creditor under the Securitisation and

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

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W.P.No.19774 of 2023

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Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner had approached the Debts Recovery Tribunal by filing S.A.No.350 of 2021. Though the fourth respondent does not have any authority, the movable property of the petitioner has been taken in possession by the fourth respondent.

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As the petitioner has already approached the Debts Recovery Tribunal by filing an application under Section 17 of the Act, the petitioner can seek all the reliefs in the said application. If any such application is filed by the petitioner, the Debts Recovery Tribunal shall consider the same on its own merits expeditiously.

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With these observations, the writ petition is disposed of. There will be no order as to costs.

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(S.V.G., CJ.) (P.D.A., J.) 10.07.2023 Index : Yes/No Neutral Citation : Yes/No sasi

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

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W.P.No.19774 of 2023

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