Dismissed

D.Dhuvaraganath v. The Chief Manager

Madras HC19 Jan 2024WP(MD)/1041/2024

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition challenging SARFAESI Act notices and sale proceedings. The court held that Section 5 of the Limitation Act is not applicable under the SARFAESI Act. Since the sale certificate was already registered, the right to redemption extinguished, rendering the petition non-maintainable.

What did the court decide?

Petition dismissed; no order as to costs; connected miscellaneous petitions closed.

D.Dhuvaraganath Vs The Chief Manager — Banking and Recovery | Madras HC (2024)

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W.P.(MD).No.1041 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.01.2024

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.(MD).No.1041 of 2024 and

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W.M.P.(MD).Nos.1045, 1048 to 1050, 1052, 1054, 1060, 1062, 1063 and 1071 of 2024

D.Dhuvaraganath

.. Petitioner

Vs.

1.The Chief Manager, Canara Bank, SME Branch, Nehruji Nagar, Dindigul District.

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2.The Authorized Officer, Canara Bank, SME Branch, Nehruji Nagar, Dindigul District.

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3.Srinivasan Chinnasamy

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4.Jayaprabakar

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5.J.Varnashree

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6.The Sub Registrar, Sanarpatty, Dindigul District.

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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.(MD).No.1041 of 2024

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7.The Superintendent of Police, Central Bureau of Investigation, Madurai.

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.. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records on the file of the 2^nd respondent starting from the Demand Notice dated 31.01.2022, 30.05.2022 and 12.10.2022, Possession Notice dated 12.12.2022 ending with Sale Notice dated 22.12.2022 and 21.11.2023, quash the same and inconsequence thereof declare the Sale held on 31.01.2023, Sale Certificate issued on 27.02.2023, registered on 08.03.2023 as Document No.830/2023 with the 6^th respondent as void, illegal, defective and unenforceable in law.

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For Petitioner : Mr.S.Rengasamy

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For R-1 & R-2 : Mr.P.Pethu Rajesh

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For R-6 & R-7 : Mr.S.Shanmugavel Additional Government Pleader

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ORDER

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DR.G.JAYACHANDRAN,J. and K.K.RAMAKRISHNAN,J.

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The present Writ Petition is filed challenging the orders passed by the second respondent starting from the demand notice dated 31.01.2022, 30.05.2022 and 12.10.2022, possession notice dated 12.12.2022 ending with sale notice dated 22.12.2022 and 21.11.2023 and declare the sale held on

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

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Page 2 of 5

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W.P.(MD).No.1041 of 2024

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31.01.2023, sale certificate issued on 27.02.2023, registered on 08.03.2023 as Document No.830/2023 with the 6^th respondent as void, illegal, defective and unenforceable in law.

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The learned counsel for the petitioner submits that Section 5 of the Limitation Act is not applicable to SARFAESI Act and therefore, he has filed the present Writ Petition for the above relief. We are unable to countenance such a submission. It is well settled that the right to redemption stands extinguished on the sale certificate getting registered. In this case, since the sale has already been completed and sale certificate was issued, the Writ Petition is not maintainable.

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Accordingly, the Writ Petition stands dismissed. There shall be no

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order as to costs. Consequently, connected miscellaneous petitions are closed.

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(G.J.,J.) (K.K.R.K.,J.) 19.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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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.(MD).No.1041 of 2024

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1.The Sub Registrar, Sanarpatty, Dindigul District.

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2.The Superintendent of Police, Central Bureau of Investigation, Madurai.

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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.(MD).No.1041 of 2024

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DR.G.JAYACHANDRAN,J. and K.K.RAMAKRISHNAN,J.

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W.P.(MD).No.1041 of 2024

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19.01.2024

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Page 5 of 5

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

D.Dhuvaraganath v. The Chief Manager

Case brief

What is this about?

What did the court decide?

D.Dhuvaraganath v. The Chief Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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