Disposed

M/s.Dcb Bank Ltd. v. The State

Madras HC28 Jul 2023WP/5048/2023

Case brief

AI extract

What is this about?

Petitioner DCB Bank filed a writ petition seeking restoration of possession of a secured asset via a District Magistrate order dated 17.08.2019, alleging fresh trespass by respondents 3-6. The court heard counsel and directed the authorities to decide the fresh application on merits, while disposing of the writ petition without costs.

What did the court decide?

No order as to costs; writ petition disposed; authorities directed to decide the fresh application on merits.

M/s.Dcb Bank Ltd. Vs The State — Banking and Recovery | Madras HC (2023)

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W.P.No.5048 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.07.2023

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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.5048 of 2023

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M/s.DCB Bank Limited 6^th Floor, Tower A, Peninsula Business Park Senapati Bapat Marg, Loer Parel, Mumbai – 400 013. Branch Office at No.6, Rajaji Road Opp. Tennis Stadium Nungambakkam, Chennai – 600 034. ..

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.. Petitioner

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Vs.

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The State Rep. by the Assistant Commissioner of Police Pallavaram Range, Pallavaram.

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The State

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Rep. by the Inspector of Police S-13, Chrompet Police Station Chrompet, Chennai.

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K.Saravanan

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Shalini

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Kuppuswamy

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Chandra

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.. Respondents

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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.5048 of 2023

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing 1st and 2nd respondents to put the petitioner back in possession of the Secured Asset mentioned hereunder in terms of the order dated 17.08.2019 passed by Honourable District Magistrate and District Collector, Kancheepuram in Application bearing No.Rc. M3/ 10899/ 2016 filed under section 14 of

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SARFAESI Act.

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For the Petitioner : Mr.S.K.Mariyappan

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For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 & R2

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No appearance for R3, R4 & R6

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R5 died

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ORDER

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(Made by the Hon'ble Chief Justice)

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Heard Mr.S.K.Mariyappan, learned counsel for the petitioner and

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Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2.

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The contention of the learned counsel for the petitioner is

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that the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was passed on 17.08.2019 and thereafter,

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Page 2 of 5

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

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W.P.No.5048 of 2023

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possession was also delivered to the petitioner on 19.03.2020. It is the further contention of the petitioner that respondents 3 to 6 have trespassed over the said property again. The petitioner has given an application on 30.03.2022 to place the petitioner in possession.

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In case the application is filed, the authorities may decide

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the said application on its own merits and in accordance with law and policy.

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The writ petition, as such, stands disposed of. There will be

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no order as to costs.

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(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index : Yes/No Neutral Citation : Yes/No

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drm

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Page 3 of 5

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

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W.P.No.5048 of 2023

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The Assistant Commissioner of Police Pallavaram Range, Pallavaram.

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The Inspector of Police S-13, Chrompet Police Station Chrompet, Chennai.

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Page 4 of 5

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

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W.P.No.5048 of 2023

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.P.No.5048 of 2023

28.07.2023

Page 5 of 5

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

M/s.Dcb Bank Ltd. v. The State

Case brief

What is this about?

What did the court decide?

M/s.Dcb Bank Ltd. v. The State

Case brief

What is this about?

What did the court decide?

What the court decided

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