Dismissed¶29

T.M.Sekar, v. the Authorised Officer

Madras HC16 Apr 2025WP/12949/2025

Case brief

AI extract

What is this about?

SARFAESI Act 2002; Section 13(2) notice dated 18.07.2022; Section 14 order dated 24.02.2025 in Crl.M.P.No.3708/2024; Chief Judicial Magistrate Tiruvannamalai; Aadhar Housing Finance Limited; writ of certiorarified mandamus; public auction of secured property; writ petition dismissed as withdrawn; no costs; WMP No.14475 of 2025 allowed (joint filing); High Court of Judicature at Madras; 16.04.2025; K.R. Shriram, Chief Justice; Mohammed Shaffiq, J.

What did the court decide?

Petition dismissed as withdrawn with no order as to costs; WMP No.14475 of 2025 permitting the petitioners to join together and file a single writ petition allowed; other interim application closed. ¶29

T.M.Sekar, Vs the Authorised Officer — Banking and Recovery | Madras HC (2025)

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W.P. No.12949 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.04.2025

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

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WP No. 12949 of 2025 and WMP Nos.14475 and 14476 of 2025

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T.M.Sekar, S/o.Thaimuthu, Ayothidassar Street, Desurpattai Rani Kottai Nagar, Krishnapuram, Gingee - 604 202.

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Marmani, W/o.Sekar, Ayothidassar Street, Desurpattai Rani Kottai Nagar, Krishnapuram, Gingee 604 202.

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Petitioner(s)

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The Authorised Officer, Aadhar Housing Finance Limited No.2, 2nd Floor, Tirumarai Vaalakam, Sudhakar Nagar Main Road, Opp.New Bus Stand, Villupuram-605 602.

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___________ Page 1 of 4_

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

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W.P. No.12949 of 2025

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The Litigation Manager, Aadhar Housing Finance Ltd., No.305, 3rd Floor, New Door No.11 and 11A, Challa Mall, T.Nagar, Chennai-600 017.

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The Station House Officer, Thesur Police Station, Tiruvannamalai District.

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Respondent(s)

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Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 1^st respondent culminating in the notice dated 18.07.2022 issued under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act 2002 and the subsequent order dated 24.02.2025 passed by the Chief Judicial Magistrate, Tiruvannamalai under Section 14 of the SARFAESI Act 2002 in Crl.M.P.No.3708/2024 at the instance of the 2^nd respondent and quash the same and further direct respondents 1 and 2 to drop all further actions in bringing petitioners property into public auction.

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For Petitioner(s): Mr.K.Balakrishnan

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For Respondent(s): Mr.A.Gokulakrishnan Addl. Public Prosecutor for R3

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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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Counsel sought leave to withdraw the petition saying that petitioners

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will approach the lender to settle the matter.

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Page 2 of 4

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

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W.P. No.12949 of 2025

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Petition is dismissed as withdrawn. There shall be no order as to

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costs. WMP No No.14475 of 2025 filed to permit petitioners to join together and file a single writ petition is allowed, inasmuch as they have paid separate court-fee. Other interim application stands closed.

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(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 16.04.2025 Index : Yes/No Neutral Citation : Yes/No sasi

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To:

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The Authorised Officer, Aadhar Housing Finance Limited No.2, 2nd Floor, Tirumarai Vaalakam, Sudhakar Nagar Main Road, Opp.New Bus Stand, Villupuram 605 602.

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