Madractic High Court dismissed a writ petition filed by Sree Akilandeswari Mills to quash orders rejecting its application to set aside a sale and possession by a bank, holding no error was committed by the Debts Recovery Tribunal.
Writ petition dismissed with 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.6326 of 2009
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.6326 of 2009 and
M.P(MD)Nos.1 and 2 of 2009
Sree Akilandeswari Mills (P) Ltd., Rep. by its Authorised Signatory, Gandhi Nagar, Leigh Bazaar Post,
Salem – 636 009. ... Petitioner
Vs.
1.The Debts Recovery Appellate Tribunal, IV Floor,
No.55, Ethiraj Salai,
Chennai – 600 008.
2.The Debts Recovery Tribunal, IV Floor, Kalyani Towers, Melur Road, Madurai.
3.The Authorised Officer, The Asset Reconstruction Company (I) Ltd., Express Tower 17th Floor, Nariman Point, Mumbai – 400 021.
Now at
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W.P(MD)No.6326 of 2009
Shreepati Arcade, A.K.Marg, Nana Chowk,
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the second respondent pertaining to the order dated 08.06.2009 made in
S.A.No.4 of 2009 and quash the same.
For Petitioner : M/s.T.Sureka For R1 to R-4 : No Appearance For R5 : Mr.P.Thiagarajan
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
The present writ petition is filed against the order passed by the Debts Recovery Tribunal rejecting the securitization application filed by the present petitioner.
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W.P(MD)No.6326 of 2009
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W.P(MD)No.6326 of 2009
agreement with one R.Baskar and B. Manjula on on 23.05.2008 to clear the statutory dues. However, it is observed that the purported sale agreement by the applicant with R.Baskar and B.Manjula is contrary to the provisions of the SARFAESI Act, 2002, more particularly, Section 13(13) of the Act. The agreement could not have entered into as possession of the property has already been taken by the first respondent bank.
[S.V.G., C.J.] [K.K.R.K, J.] 28.11.2023 Index : Yes / No Neutral Citation : Yes / No
PM
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W.P(MD)No.6326 of 2009
To:
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W.P(MD)No.6326 of 2009
THE HONOURABLE CHIEF JUSTICE and K.K. RAMAKRISHNAN, J.
PM
W.P(MD)No.6326 of 2009
28.11.2023
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1 issue framed by the court
Whether the Debts Recovery Tribunal committed an error in dismissing the petitioner's invention application challenging the sale and possession taken by the bank.
2 provisions across 2 enactments
Sree Akilandeswari Mills (P) Ltd.
The Debts Recovery Appellate Tribunal
The Debts Recovery Tribunal
The Authorised Officer
United Bank of India
M/s. Syhims Granites
Sanjay V. Gangapurwala
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
