Petitioner challenged notices and lack of charge registration under SARFAESI Act via writ, but court observed defenses were available in pending DRT proceedings and disposed of the petition.
Writ petition disposed with no order as to costs; W.M.P. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.36144 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.36144 of 2023
Govindaraju
.. Petitioner
Vs.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the respondent 1 leading upto the issuance of impugned demand notice ref.No.PONI20711210001 dated 16.11.2021 followed by the impugned possession notice Ref.No.PONI20711210001 dated 24.01.2023 under the provisions of the SARFAESI Act, 2002 and quash the same as illegal and consequently direct the respondent 1 to drop all further proceedings pursuant to the above said impugned demand and possession notice including proceedings initiated under Section 14 of the SARFAESI Act, 2002.
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W.P.No.36144 of 2023
For the Petitioner : Mr.V.Kamala Kumar
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.V.Kamala Kumar, learned counsel for the petitioner.
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W.P.No.36144 of 2023
(S.V.G., CJ.) (D.B.C., J.) 22.12.2023 Index : Yes/No Neutral Citation : Yes/No
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W.P.No.36144 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.36144 of 2023
22.12.2023
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2 issues framed by the court
Whether the writ petition regarding registration of charge under Section 26 and issuance of notices under Sections 13(2) and 14 of the SARFAESI Act, should be disposed of in view of pending adjudicati
Whether the petitioner can raise defenses regarding entity name differences in pending DRT proceedings.
3 provisions across 1 enactments
Govindaraju
Shriram Finance Limited
Selvakumar
Raveindran
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
