Disposed

R.Prakash v. Hdfc Bank

Madras HC11 Oct 2023WP/5018/2023

Case brief

AI extract

What is this about?

A writ petition was filed seeking directions to prevent the respondent bank from further action under the SARFAESI Act while a consumer dispute was pending. The court disposed of the petition without granting interim relief, directing the petitioner to assail the action legally, and closed the condonation petition.

What did the court decide?

The writ petition was disposed of without granting the direction sought; parties were directed to assail the action in accordance with law.

R.Prakash Vs Hdfc Bank — Banking and Recovery | Madras HC (2023)

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WP No.5018 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.10.2023

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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 D.BHARATHA CHAKRAVARTHY

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WP No.5018 of 2023 and WMP No.5050 of 2023

R.Prakash

.. Petitioner

-vs-

HDFC Bank, I, II and VI Floor, ITC Centre, 760, Anna Salai, Chennai 600 002.

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HDFC Ergo General Insurance Company Ltd., 6^th Floor, Leela Business Park, Andheri Kurla Road, Andheri (East), Mumbai 400059.

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The Authorized Officer, HDFC Bank, II Floor, ITC Centre, 760, Anna Salai, Chennai 600 002.

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The Reserve Bank of India, Rep. by its Governor, Rajaji Salai, Chennai 600 001. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to not to

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Page 1 of 4

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

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WP No.5018 of 2023

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take any further action under SARFAESI Act on the property situated at Flat No.F-1, Plot No.4, KJ Nagar extension, Guduvanchery, Chennai 603 202 till the disposal of C.C.No.287 of 2022 pending on the file of the State Consumer Disputes Redressal Form (South) at Chennai.

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For the Petitioner : Mr.M.Jaikumar For the Respondents : Mr.K.J.Parthasarathy for RR 1 and 3 : No appearance for R-2 : Mr.C.Mohan for M/s.King & Patridge for R-4

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.M.Jaikumar, learned counsel for the petitioner, Mr.K.J.Parthasarathy, learned counsel for respondent Nos.1 and 3 and Mr.C.Mohan, learned counsel for respondent No.4. None appears for respondent No.2

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The petition is filed seeking directions against the first respondent not to take further action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFAESI Act') on the ground that the

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Page 2 of 4

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

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WP No.5018 of 2023

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petitioner had already moved the State Consumer Disputes Redressal Forum (South) at Chennai.

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The learned counsel for the bank submits that the action

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under the SARFAESI Act is initiated and even notice under Section 13(4) of the SARFAESI Act has been issued. The application under Section 14 of the SARFAESI Act also is filed and pending.

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