The Madurai Bench dismissed the writ petition seeking a stay on bank proceedings under the S.R.F.A. Act. The Court held that such restraint cannot be granted via mandamus and directed the petitioner to approach the Debts Recovery Tribunal for a stay.
Writ petition dismissed; liberty granted to approach Debts Recovery Tribunal for stay.
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.2810 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.03.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.2810 of 2023 and
W.M.P(MD)No.2608 of 2023
D.Kalyanakumar ... Petitioner
vs.
1.The Manager,
Housing Development Finance Corporation Ltd., No.406, Sakthi Sivam Plaza, K.K.Nagar (East), Pumping Station Road, K.K.Nagar (East), Madurai – 625 020.
2.The Manager/the Authorized Officer, HDFC Life Insurance Company, 6 & 7, 2nd floor, Near Hotel Sangam, Trichy – 620 001. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent herein prohibiting to proceed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, till the District Consumer Disputes Redressal Commission decides the petitioner's complaint, filed under Consumer Complaint No.58/2022.
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| W.P(MD)No.2810 of 2023 | ||
|---|---|---|
| For Petitioner | : Mr.Ezhilarasu for Mr/K.Swamyraj |
|
| For R-1 | : Mr.N.S.Karthikeyan, Standing Counsel |
|
| For R-2 | : No Appearance |
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge by the petitioner to the possession notice is admittedly pending before the Debts Recovery Tribunal. While so, the petitioner has approached this Court with a prayer for issuance of a Writ of Mandamus, forbearing the bank from proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, till the District Consumer Redressal Forum decides the claim relating to insurance.
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W.P(MD)No.2810 of 2023
further proceedings pending disposal of the complaint before the District Consumer Redressal Forum. No Costs. Consequently, connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 29.03.2023
Index : Yes / No Neutral Citation : Yes / No pm
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W.P(MD)No.2810 of 2023
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J. pm
ORDER MADE IN W.P(MD)No.2810 of 2023
DATED : 29.03.2023
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2 issues framed by the court
Whether a Writ of Mandamus can be issued to restrain a bank from proceeding under the S.R.F.A. Act until a consumer complaint is decided.
Whether the petitioner should approach the Debts Recovery Tribunal for stay of proceedings instead.
2 provisions across 2 enactments
D.Kalyanakumar
The Manager, Housing Development Finance Corporation Ltd.
The Manager, HDFC Life Insurance Company
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
