Dismissed

M/S.Acal Computer v. the Authorized Officer

Madras HC3 Jan 2024WP/36434/2023

Case brief

AI extract

What is this about?

Jurisdiction dismissed Civil petition dismissing memorandum filed seeking certification of mandamus for quashing impugned order in Debt Recovery Appellate Tribunal proceedings dithead order disposing of writ petition allowing single writ petition with separate court fees allowed consequent writ MP closed

What did the court decide?

Writ petition dismissed; W.M.P. No. 36445 of 2023 allowed; W.M.P. No. 36446 of 2023 closed.

M/S.Acal Computer Vs the Authorized Officer — Civil Procedure and Limitation | Madras HC (2024)

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W.P.No.36434 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.01.2024

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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.36434 of 2023

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1.M/s.ACAL Computer,

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rep. by its Proprietor A.Sunder, No.99, E2, Chairman Duraisamy Road, Krishnagiri Main Road, Tirupattur-635 601, Tirupattur District.

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2.A.Sunder, Proprietor of M/s.ACAL Computer System, No.216, Pudupet Road, Tirupattur-635 601, Tirupattur District.

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.. Petitioners

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1.The Authorized Officer, HDB Financial Service Ltd., Branch Office at 4^th Floor, Loyal Towers, No.68/2, Greams Road, Chennai-600 006.

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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.36434 of 2023

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2 nd

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2.HDB Financial Service Ltd., Reg. Office at Radhika, 2^nd Floor, Navarangpura, Ahmedabad-380 009. .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the entire records relating to the impugned order made in Crl.M.P.No.5864 of 2020 dated 25.02.2021 on the file of the Chief Judicial Magistrate, Vellore, quash the same consequently direct the learned Chief Judicial Magistrate to consider Cr.M.P.No.5864 of 2020 afresh.

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For the Petitioners : Mr.B.Manimaran

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For the Respondents : Mr.Ajmal Azzath

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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 have heard Mr.B.Manimaran, learned counsel for the petitioners and Mr.Ajmal Azzath, learned counsel for the respondents.

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The appeal filed by the petitioners is pending before the

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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.36434 of 2023

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Debt Recovery Appellate Tribunal.

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It is submitted that the appeal is kept on 10.01.2024.

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As the appeal has been preferred by the petitioners, the

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petitioners may put-forth their case before the Debt Recovery Appellate Tribunal.

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In view of the above, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.36446 of 2023 is closed. W.M.P.No.36445 of 2023 filed by the petitioners to permit them to file a single writ petition is allowed and disposed of, inasmuch as the petitioners have paid separate sets of court fee.

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(S.V.G., CJ.) (D.B.C., J.) 03.01.2024 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.36434 of 2023

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

bbr

W.P.No.36434 of 2023

03.01.2024

___________ Page 4 of 5_

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

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W.P.No.36434 of 2023

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___________ Page 5 of 5_

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

M/S.Acal Computer v. the Authorized Officer

Case brief

What is this about?

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M/S.Acal Computer v. the Authorized Officer

Case brief

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