Dismissed¶25

Geetha v. M/S.Pridhvu Asset Reconstruction and Securitization

Madras HC26 Feb 2025WP/4544/2025

Case brief

AI extract

What is this about?

SARFAESI Act 2002 Section 14; Chief Metropolitan Magistrate Egmore; Crl.M.P.No.1528 of 2016; warrant execution extension 3.12.2024; legal heirs of original borrower late S.V.S.Manivannan; alternative remedy Debts Recovery Tribunal; Article 226 certiorarified mandamus; Pridhvi Asset Reconstruction and Securitization Company Ltd; petitioners Geetha, Raj Karan SVM, Sharan Pandian SVM; writ petition dismissed; no interim stay; Madras High Court 26.02.2025.

What did the court decide?

Main writ petition dismissed with no order as to costs; W.M.P.No.5061 of 2025 (to join together and file a single writ petition) allowed subject to payment of separate court fee within two weeks; other interim applications closed; no interim stay granted. ¶25

Geetha Vs M/S.Pridhvu Asset Reconstruction and… — Banking and Recovery | Madras HC (2025)

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W.P.No.4544 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.02.2025

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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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W.P.No.4544 of 2025 and W.M.P.Nos.5061, 5062 and 5063 of 2025

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Geetha 2. Raj Karan SVM 3. Sharan Pandian SVM

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.. Petitioners

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Pridhvi Asset Reconstruction and Securitization Company Ltd, D.No.15, Raja Praasadamu, 4th Floor, Masjid Banda Road, Kondapur Hyderabad-500 084, rep by power of attorney, N.R.K.Chandulal, S/o.Kanaka Sundara Sharma, R/o 8-3-169/147, 501, Niveditha Enclave Sidhartha Nagar, Hyderabad-500 038. .. Respondent

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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 in Crl.M.P.No.1528 of 2016, dated 12.7.2024, which was further extended by order dated 3.12.2024, on the file of the 1st respondent herein and quash the same and direct the Chief Metropolitan Magistrate to issue fresh notice to the petitioners in their capacity as the legal heirs of the original borrower

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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.4544 of 2025

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by name late S.V.S.Manivannan in respect of the properties morefully described in the schedule to the petition.

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For Petitioners : Mr.R.Nilesh Kumar

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For Respondent : Mr.Srinath Sridevan Senior Advocate for M/s.Vindhya Surya Teja

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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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Petitioners are challenging an order dated 12.7.2024 passed by the

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Chief Metropolitan Magistrate, Egmore, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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On 3.12.2024, time to execute the warrant was extended. This

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petition has been filed only on 21.1.2025. Certainly, petitioners have an alternative remedy and can approach the Debts Recovery Tribunal.

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Petition is dismissed. There shall be no order as to costs. W.M.P.No.5061 of 2025 filed by petitioners to join together and file a single writ petition is allowed, subject to payment of separate court fee

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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.4544 of 2025

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within two weeks. The other interim applications are closed.

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We make it clear that we have not granted any interim stay.

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(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 26.02.2025 Index : Yes/No NC : Yes/No sasi