Dismissed

G.Kavitha v. the Authorized Officer

Madras HC12 Feb 2024WP/2782/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions to issue demand and sale notices after the scheduled sale did not materialize. The court declined substantive relief, noting further steps could be challenged later.

What did the court decide?

The petition is disposed of. Petitioners kept open the right to challenge further steps by the respondent bank in the appropriate forum.

G.Kavitha Vs the Authorized Officer — Contract and Commercial Disputes | Madras HC (2024)

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W.P.No.2782 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.2782 of 2024

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1.G.Kavitha 2.A.P.Ganesh Kanna

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.. Petitioners

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1.The Authorized Officer, ICICI Home Finance Company Limited, Shop No.102, 103 and 115, I Floor, D.No.483, Ashoka Plaza, Dr.Nanjappa Road, Coimbatore-641 018.

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2.The Branch Manager, ICICI Home Finance Co. Limited, Tiruppur Branch, Door No.66, First Floor, G.G. Towers, Kumaran Salai, Opp. to Town Hall, Tiruppur-641 601.

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.. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue demand and sale notice to the petitioner by considering the representation dated 15.1.2024.

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___________ Page 1 of 5_

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

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W.P.No.2782 of 2024

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For the Petitioners : Mr.B.Gopalakrishnan

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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We had passed orders in the matter on 9.2.2024. However, as it appeared that we were not properly assisted in the matter by learned counsel for the petitioners, we had kept the matter today.

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We have heard Mr.B.Gopalakrishnan, learned counsel for the petitioners.

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The petitioners are seeking direction against the respondents

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to issue demand and sale notices to the petitioners by considering their representation dated 15.1.2024.

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The petitioners can, at any time, ask for the copies of the said notices from the respondent bank.

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It is submitted that the sale that was scheduled on

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___________ Page 2 of 5_

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

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W.P.No.2782 of 2024

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25.01.2024 did not materialize.

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In case further steps are taken by the respondent bank, it is for the petitioners to challenge the same before the appropriate forum. In that event, all contentions are kept open.

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The writ petition, as such, is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.3043 of 2024 is closed. W.M.P.No.3042 of 2024 filed by the petitioners to file a single writ petition is allowed and disposed of, inasmuch the petitioners have paid separate court-fee.

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(S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No Neutral Citation : Yes/No bbr

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___________ Page 3 of 5_

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

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W.P.No.2782 of 2024

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1.The Authorized Officer, ICICI Home Finance Company Limited, Shop No.102, 103 and 115, I Floor, D.No.483, Ashoka Plaza, Dr.Nanjappa Road, Coimbatore-641 018.

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2.The Branch Manager, ICICI Home Finance Co. Limited, Tiruppur Branch, Door No.66, First Floor, G.G. Towers, Kumaran Salai, Opp. to Town Hall, Tiruppur-641 601.

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Page 4 of 5

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

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W.P.No.2782 of 2024

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr

W.P.No.2782 of 2024

12.02.2024

___________ Page 5 of 5_

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

G.Kavitha v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

G.Kavitha v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

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