Petitioner under Article 226 sought execution of a Section 14 SARFAESI order. Respondents undertook execution within eight weeks. Court found no order necessary and disposed of the petition accordingly.
Writ petition disposed of with no order as to costs.
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.No.3599 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.3599 of 2024
M/s.REPCO Home Finance Limited Rep. by its Authorised Officer/ Assistant General Manager (Recovery) K.Baggiyaraj, Plot No.4055, U Block No.10, 1st Floor, 4th Main Road, Anna Nagar Chennai – 600 040.
.. Petitioner Vs.
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to execute the order passed by the 1st respondent in Rc.J15/34580/2018 dated
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W.P.No.3599 of 2024
07.02.2020 under Section 14 of the SARFAESI Act and to take physical possession of the secured assets mentioned therein and handover the same to the petitioner within a stipulated period.
For the Petitioner : Mr.A.Ilangovan
For the Respondents : Mr.K.Karthik Jegannath Government Advocate for R1 and R2
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.A.Ilangovan, learned counsel for the petitioner,
Mr.K.Karthik Jagannath, learned Government Advocate for respondents
1 and 2 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor
assisted by Mr.M.Sylvester John, learned counsel for respondent 3.
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W.P.No.3599 of 2024
(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index : Yes/No Neutral Citation : Yes/No
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To
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W.P.No.3599 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.3599 of 2024
16.02.2024
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1 issue framed by the court
Whether a writ petition seeking execution of an order under Section 14 of the SARFAESI Act requires an order when the respondents offer a timeline.
2 provisions across 2 enactments
M/s.REPCO Home Finance Limited
District Magistrate and District Collector Chennai
The Tahsildar Maduravoyal Taluk
The Deputy Commissioner of Police Madhavaram
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
