Petitioner challenged an order under Section 14 of the SARFAESI Act via Article 226 petition seeking prohibition on possession and awaiting another appeal. Bank counsel stated loan account was closed and nothing survived for adjudication. Court disposed petition.
Writ petition disposed of. No costs. Connected miscellaneous petitions 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(MD)No.1356 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
W.P(MD)No.1356 of 2021 and
W.M.P(MD)Nos.1152 and 1153 of 2021
S.Saravanan ... Petitioner
Vs.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed in Cr.M.P.No.421/2020 dated 31.12.2020 on the file of the Chief Judicial Magistrate, Madurai and
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W.P(MD)No.1356 of 2021
consequently forbearing the 1st respondent, their officers, men, agents, representatives, assigns and / or anyone claiming under or through them or on their behalf to desist from in any manner taking any action or coercive steps so as to take physical possession of the house property situated at Re-Surevey No.111/3, New S.No.47, Eastern portion of Plot No.23, building bearing No.6/16, Cyclone Colony, Keela Vaithiyanathapuram, Thathaneri Village, Madurai North Taluk, Madurai District and without awaiting the outcome of S.A.No.28 of 2021 pending before the Hon’ble Debts Recovery Tribunal, Madurai filed by the petitioner challenging the order dated 31.12.2020 passed by the Chief Judicial Magistrate, Madurai in Cr.M.P.No.421/2020.
For Petitioner : No Appearance
For R-1 : Mr.A.Sivasubramanian
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
None appears for the petitioner.
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W.P(MD)No.1356 of 2021
[S.V.G., C.J.] [K.K.R.K, J.] 28.11.2023
Index : Yes / No Neutral Citation : Yes / No PM To: The Hon’ble Presiding Officer, Debts Recovery Tribunal, Madurai.
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W.P(MD)No.1356 of 2021
THE HONOURABLE CHIEF JUSTICE and K.K. RAMAKRISHNAN, J.
PM
W.P(MD)No.1356 of 2021
28.11.2023
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1 issue framed by the court
Whether to allow the writ petition seeking prohibition against taking physical possession of property in light of the closed loan account.
2 provisions across 2 enactments
S.Saravanan
Authorized Officer, IDFC First Bank Limited
Hon'ble Presiding Officer, Debts Recovery Tribunal, Madurai
Sanjay V.Gangapurwala
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
