The Madurai Bench set aside the order of the Chief Judicial Magistrate under Section 14 of the SARFAESI Act allowing the bank to issue fresh notices after agreeing to withdraw the current ones.
order of Chief Judicial Magistrate under Section 14 of SARFAESI Act set aside; liberty to bank to proceed afresh.
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.1557 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :07.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.1557 of 2022 and W.M.P(MD)No.1369 of 2022
Mrs.Muthuselvi ... Petitioner
vs.
1.The Chief Judicial Magistrate, Madurai.
2.The Authorized Officer, Equitas Small Finance Bank Limited, 4th Floor, Phase II, Spencer Plaza, No.769, Mount Road, Anna Salai,
Chennai – 600002. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari calling for the records culminating into the order dated 17.12.2021 in Cr.M.P.No.393 of 2021 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) passed by the first respondent and set aside the same as illegal.
For Petitioner : Mr.J.Venkateshkumar For R-2 : Mr.B.Baskar
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W.P(MD)No.1557 of 2022
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this writ petition is to the order passed by the Chief Judicial
Magistrate, Madurai, under Section 14 of SARFAESI Act.
notices issued under the SARFAESI Act, with liberty to issue fresh notices.
(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)
07.06.2023
Index : Yes / No Neutral Citation : Yes / No pm To The Chief Judicial Magistrate, Madurai.
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W.P(MD)No.1557 of 2022
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
pm
ORDER MADE IN W.P(MD)No.1557 of 2022
DATED :07.06.2023
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2 issues framed by the court
Whether to admit a writ petition challenging an order passed by the Chief Judicial Magistrate under Section 14 of the SARFAESI Act.
Whether to set aside the impugned order when the bank proposes to withdraw the notices issued under SARFAESI Act.
2 provisions across 2 enactments
Mrs.Muthuselvi
The Chief Judicial Magistrate, Madurai
The Authorized Officer, Equitas Small Finance Bank Limited
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
