Dismissed

Senthilvel.S v. The Authorised Officer

Madras HC6 Feb 2023WP(MD)/1471/2023

Case brief

AI extract

What is this about?

In a writ petition challenging a possession notice issued under the SARFAESI Act, the petitioner sought to withdraw the petition with liberty to approach the Debts Recovery Tribunal. The single judge Bench allowed the withdrawal and dismissed the writ petition with liberty granted.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach the Debts Recovery Tribunal.

Senthilvel.S Vs The Authorised Officer — Banking and Recovery | Madras HC (2023)

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W.P(MD)No.1471 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.02.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.1471 of 2023 and

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W.M.P(MD)No.1345 of 2023

S.Senthilvel

... Petitioner

vs.

1.The Authorized Officer, Piramal Capital & Housing Finance Limited, (Formerly known as Dewan Housing Finance Corporation Limited), Unit No.601, 6^th Floor, Amiti Building, Agastya Corporate Park, Kanmani Junction, Opposite Fire Station, LBS Marg, Kurla (West), Mumbai – 400 070.

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2.The Branch Manager, Piramal Capital & Housing Finance Limited, (Formerly known as Dewan Housing Finance Corporation Limited), Door No.12, 1^st Floor, Shanmuga Bhavanam, OCPM School Road, Kamaraj Nagar, 2^nd Street, Chinna Chokkikulam, Madurai – 625 002. ... Respondents

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

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W.P(MD)No.1471 of 2023

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned possession notice dated 11.10.2022 issued by the second respondent under Section 13(4) of the SARFAESI Act r/w proviso to Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 and quash the same.

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For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondents : Mr.P.Pethu Rajesh

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ORDER

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(Order of the Court was made by D. KRISHNAKUMAR, J.)

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The learned counsel appearing for the petitioner seeks the permission of this Court to withdraw the Writ Petition and he has also made an endorsement to that effect. Further, the learned counsel appearing for the petitioner seeks liberty to the petitioner to approach the Debts Recovery Tribunal in the manner known to law, if he is so advised.

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

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W.P(MD)No.1471 of 2023

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Recording the submission and endorsement made by the

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learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, connected Miscellaneous Petition is closed.

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[D.K.K.,J.] [R.V.,J.] 06.02.2023

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NCC : Yes / No Index : Yes / No Internet : Yes ps To

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

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W.P(MD)No.1471 of 2023