Partly allowed

Ramani Annadurai v. the Chairman

Madras HC2 Jan 2025WP/27884/2024

Case brief

AI extract

What is this about?

The Court ordered the removal of lock and seal on the mortgaged property and restoration of possession to the petitioner, subject to monthly payments of Rs.12,000 towards the loan outstanding. The payments are subject to the outcome of proceedings before the Debts Recovery Tribunal, with no observation on merits.

What did the court decide?

Lock and seal removed; petitioner put in possession on or before 4th January 2025, subject to monthly payment of Rs.12,000 adjusted against loan outstanding.

Ramani Annadurai Vs the Chairman — Banking and Recovery | Madras HC (2025)

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W.P.No.27884 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.01.2025

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CORAM :

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

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.27884 of 2024 and W.M.P.Nos.30412 and 30655 of 2024

Ramani Annadurai

.. Petitioner

1.The Chairman, DRT, Chennai Haddows Road, Nungambakkam, Chennai-600 006.

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2.The Authorised Officer, Motilal Oswal Home Finanace Limited, Previously known as Aspire Home Finance Limited, Branch Office at Shop No.2, First Floor, V Complex, S.No.92/B, Door No.6/81, Avadi Road, Senneer Kuppam Village, Poonamallee Taluk, Chennai-600 056.

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3.M/s.Care Health Insurance Limited, Previously known as Religare Health Insurance Limited, Vipul Tech Square, Tower-C, 3^rd Floor, Golf Course Road, Sec-43 Gurgaon-122 009, Haryana. .. Respondents

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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.27884 of 2024

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the DRT-3, Chennai in so far as it relates to I.A.No.1232/2024 order dated 16.7.2024 made in S.A.No.435/2024, and quash the same.

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For Petitioner : Mr.B.Divakaran For Respondents : Mr.P.Elayaraj Kumar for Mr.R.Krishnan for respondent No.2 : Mr.K.Kumaran for respondent No.3 : R1 – Tribunal : Mr.S.Santhosh Cluster Legal Manager Avadi Branch Motilal Oswal Home Finance Ltd. ( Present in Court )

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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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Keeping open the rights and contentions of the parties to be raised in the Tribunal and without making any observation on the merits of 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.27884 of 2024

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respective claim and counter-claim, we dispose of the petition by the following orders:

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(a) The lock and seal put on the mortgaged property shall be removed and petitioner shall be put in possession on or before 4^th January, 2025.

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(b) Petitioner shall not create any encumbrance or deal with or otherwise dispose the property or permit anyone other than petitioner and her two children to reside in the said property.

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(c) Petitioner shall pay a sum of Rs.12,000/- (Rupees Twelve Thousand only) per month on or before 10^th of every month to respondent finance company. This would mean that for January, 2025, petitioner would pay Rs.12,000/- on or before 10.01.2025; for February, 2025 on or before 10.02.2025 and so on.

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(d) Even though petitioner will be occupying the premises only on or about 3^rd or 4^th January, 2025, petitioner would still pay for the entire month.

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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.27884 of 2024

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(e) The amounts paid by petitioner shall be given credit

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and adjusted against the outstanding of the loan.

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(f) The amounts paid shall be subject to the outcome of

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the proceedings pending before the Debts Recovery Tribunal.

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We clarify that we have not made any observation on the merits. There shall be no order as to costs. Consequently, interim applications are closed.

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(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 02.01.2025

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Index : Yes/No NC : Yes/No bbr To:

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The Chairman, DRT, Chennai Haddows Road, Nungambakkam, Chennai-600 006.

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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.No.27884 of 2024

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THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

bbr

W.P.No.27884 of 2024

02.01.2025

___________ Page 5 of 5_

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

Ramani Annadurai v. the Chairman

Case brief

What is this about?

What did the court decide?

Ramani Annadurai v. the Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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