Dismissed
M/S.Sakthi Fuels v. the Karur Vysya Bank Ltd.
Madras HCWP/21245/2024
Case brief
from the order text
What is this about?
of 2024 IN THE HIGH COURT OF JUDICATURE AT…
What the court decided
AI extract
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.Nos.21245 and 23492 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.21245 and 23492 of 2024 and W.M.P.Nos.25682, 23198 and 23199 of 2024
M/s.Sakthi Fuels, Rep. By its Partner, P.Selvaraju, No.8A, Ramakrishna Road, Salem 636 007.
... Petitioner in both WPs.
-vs-
Prayer : Petitions filed under Article 226 of the Constitution of India seeking issuance of (i) WP.No.21245/2024 - writ of certiorari to call for
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W.P.Nos.21245 and 23492 of 2024
the records relating to the order of the Chief Judicial Magistrate, Salem, dated 04.07.2024 in Crl.M.P.No.1242 of 2023 and quash the same; and (ii) WP.23492/2024 – writ of mandamus to direct the 2nd respondent to forthwith unlock the premises of the petitioner bearing Door No.296/10, New No.420, S.R.C. Oil Mill Lane, Suramangalam Road, Salem West, Salem.
For Petitioner in both WPs. : Mr.K.Selvaraj For Respondents in both WPs. : Mr.A.Arun Babu for R-1 * * * * *
COMMON ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Petitioner is unhappy with an order dated 04.07.2024 passed by the Chief Judicial Magistrate, Salem, under Section 14 of the SARFAESI Act. Petitioner has filed the above two petitions, one for quashing the said order and the other petition is to unlock the door of the premises that came to be locked pursuant to the order dated 04.07.2024.
petitioner will have is to file Sarfaesi Application before the Debts Recovery Tribunal. Petitioner has, in fact, filed, but we are informed, he
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W.P.Nos.21245 and 23492 of 2024
has not even removed the office objections. The Sarfaesi Application is not even numbered, as petitioner has not even deposited the amount required to be deposited.
Counsel for first respondent/bank states that the amount of Rs.50 lakhs that petitioner had deposited shall be returned by not later than 18.11.2024. Statement is accepted as an undertaking to the Court.
(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 13.11.2024
Index : Yes/No NC : Yes/No
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W.P.Nos.21245 and 23492 of 2024
sra
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W.P.Nos.21245 and 23492 of 2024
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sra)
To: The Authorized Officer, The Karur Vysya Bank Ltd., Chief Manager, No.45-46, Car Street, Salem Main Branch, Salem District 636 001.
W.P.Nos.21245 and 23492 of 2024
13.11.2024
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1 issue framed by the court
Whether a writ petition lies against a Chief Judicial Magistrate's order under Section 14 of the SARFAESI Act instead of a Sarfaesi Application before the Debts Recovery Tribunal.
2 provisions across 2 enactments
M/s.Sakthi Fuels, Rep. By its Partner, P.Selvaraju
The Karur Vysya Bank Ltd., Rep. By its Authorized Officer, Chief Manager, Salem Main Branch
C.Kiruthiga, Advocate Commissioner
K.R.Shriram
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.R.Shriram and Senthilkumar Ramamoorthy
Parties & counsel