Partly allowed

Axis Bank Limited v. The Superintendent of Police

Madras HC5 Sept 2024WP(MD)/19361/2024

Case brief

AI extract

What is this about?

Petitioner bank sought writ of mandamus directing police to provide protection and assistance for taking possession of secured assets under SARFAESI Act. Court directed police to cooperate with bank officials for possession execution post-hearing.

What did the court decide?

Direction given to the police to cooperate with bank officials for taking possession of the secured asset in execution of the order under Section 14 of the SARFAESI Act on 21.10.2024.

Axis Bank Limited Vs The Superintendent of Police — Banking and Recovery | Madras HC (2024)

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WP(MD). No.19361 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Special Original Jurisdiction

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Wednesday, the Sixteenth day of October Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice R.SUBRAMANIAN AND

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The Hon`ble Mrs.Justice L. VICTORIA GOWRI

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WP(MD). No.19361 of 2024

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Axis Bank Limited RAC, 4th Floor Arcot Plaza, Old No.38 New No.65, Arcot Road Kodambakkam, Chennai-600 024 Represented by its Authorized Officer. ... Petitioner Vs 1 The Superintendent of Police Kanyakumari District, Kanyakumari 2 The Inspector of Police Thiruvattar Police Station, Thiruvattar ... Respondents Prayer :-

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Writ Petition filed under Article 226 of the Constitution of India, praying this

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WP(MD). No.19361 of 2024

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Court to issue a Writ of Mandamus, directing the respondent police to take suitable legal action based on the complaint, dated 22.03.2024 and further direct the respondent police to offer adequate police protection to the officers and the authorized officer of the petitioner bank, at the time of entering into the secured assets at Door No. 13-5/1 at Kanyakumari District, Marthandam Registration District, Verkilambi Sub Registration District, Thiruvattar Taluk (Formerly Kalkulam), Kumarankudi Village, Verkilambi Town Panchayat to an extent of 14 Cents and 4 Sq Links equivalent to 6100.1424 sq.ft. in Re.Survey No. 194/5A (Old Survey No.262 and 263), namely, the secured asset.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.P.Pethu Rajesh, Advocate for the Petitioner and of Thiru.B.Thanga Aravindh, Government Advocate (Crl.side) for the respondents, this Court made the following order:

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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It is the claim of the Mr.B.Thanga Aravindh, learned Government Advocate

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WP(MD). No.19361 of 2024

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(Crl.) that the Bank Officials have not approached the Police with the request for protection for taking possession in execution of the order of the learned Chief Judicial Magistrate, made under Section 14 of the SARFAESI Act.

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2.Mr.Pethu Rajesh, learned counsel appearing for the petitioner denied the said claim and he would submit that written representation has been given on 07.10.2024. But the Police have not provided protection. It is also claimed that the protection was not given because the debtor claimed to have filed a Review Petition.

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3.Mr.B.Thanga Aravindh, learned Government Advocate (Crl.) would submit that even if the Bank Officials come tomorrow, the Police will cooperate with them in taking possession of the property.

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4.Unless an order of stay or injunction granted by this Court is produced, the Police cannot refuse to implement the orders of this Court. Hence, the Bank Officials will approach the Police tomorrow morning at 10.00 a.m., and the police will give appropriate assistance to ensure that the Bank is put in possession of the property in execution of the order made under Section 14 of the SARFAESI Act.

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WP(MD). No.19361 of 2024

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5.Post the matter on 21.10.2024, immediately after C.M.Ps.

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Sd/-

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Assistant Registrar (CS-I)

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// True Copy //

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18/10/2024 Sub Assistant Registrar (CS- I, II, III, IV)

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Mrn

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The Superintendent of Police Kanyakumari District, Kanyakumari

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The Inspector of Police Thiruvattar Police Station, Thiruvattar

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai

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Copy to:

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The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

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WP(MD). No.19361 of 2024

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ORDER DATED : 16/10/2024 POST ON : 21/10/2024

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==========================

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ORDER

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==========================

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WP(MD). No.19361 of 2024

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Giving direction and etc. as stated within.

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RD(18.10.2024) 5P / 5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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Axis Bank Limited v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Axis Bank Limited v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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