Dismissed¶22

C.Nithyanantham v. Repco Home Finance Ltd.

Madras HC3 Mar 2025WP/5271/2025

Case brief

AI extract

What is this about?

SARFAESI Section 14 order; Crl.M.P. No.30160 of 2024; Chief Judicial Magistrate Coimbatore; Repco Home Finance Ltd.; writ of mandamus Article 226; coercive action against secured property; alternative remedy before Debts Recovery Tribunal; dismissal as withdrawn; deemed condonation of delay within two weeks; no costs; interim application dismissed; Madras High Court; K.R.SHRIRAM, Chief Justice; Mohammed Shaffiq, J.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file an application before the Debts Recovery Tribunal for appropriate reliefs; delay deemed condoned if such application is filed within two weeks; no order as to costs; connected interim application W.M.P.No.5844 of 2025 dismissed consequentially. ¶22

C.Nithyanantham Vs Repco Home Finance Ltd. — Banking and Recovery | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner was entitled to a writ of mandamus forbearing the respondents from taking coercive action pursuant to the first respondent's order under Section 14 of the SARFAESI Act (Crl.M.P. No.30160 of 2024, Chief Judicial Magistrate, Coimbatore), notwithstanding the availability of an alternative remedy by way of an application before the Debts Recovery Tribunal.

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Court's answer

The Court expressed the view that an alternative remedy by way of filing an application before the Debts Recovery Tribunal is available to challenge the order passed under Section 14 of the SARFAESI Act, and accordingly counsel was advised to pursue that remedy instead of the writ petition.

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Ratio / Principle

On counsel seeking leave to withdraw with liberty to move the Debts Recovery Tribunal, the writ petition was dismissed as withdrawn with liberty as prayed for.

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Key takeaways

Consequential directions: if the application before the Debts Recovery Tribunal is filed within two weeks from 03.03.2025, any delay in approaching the Tribunal shall stand deemed condoned; there shall be no order as to costs; and the connected interim application (W.M.P.No.5844 of 2025) stands dismissed.ratio¶22

Detailed headnote1 paragraphs

Madras High Court (Division Bench of K.R.SHRIRAM, CJ. and Mohammed Shaffiq, J.; order by the Chief Justice) - Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to forbear the respondents from taking coercive action pursuant to an order obtained by the first respondent (Repco Home Finance Ltd.) under Section 14 of the SARFAESI Act in Crl.M.P. No.30160 of 2024 on the file of the Hon'ble Chief Judicial Magistrate, Coimbatore, against the petitioner's land and building in Kangayampalayam Village, Sulur Taluk, Coimbatore. At urgent circulation, the Court indicated that an alternative remedy by way of an application before the Debts Recovery Tribunal is available against such an order. Counsel sought leave to withdraw. Held: petition dismissed as withdrawn with liberty as prayed for; if the DRT application is filed within two weeks, delay in approaching the Tribunal shall be deemed condoned; no order as to costs; connected W.M.P.No.5844 of 2025 dismissed.

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W.P.No.5271 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.03.2025

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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 MOHAMMED SHAFFIQ

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W.P.No.5271 of 2025 and W.M.P.No.5844 of 2025

C.Nithyanantham

.. Petitioner

-vs-

Repco Home Finance Ltd., Rep. by its Authorized Signatory, D.No.8/26, Indian Red Cross Building, 2nd Floor, Hozur Road, Coimbatore-18.

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State rep. by Inspector of Police, Sulur Police Station, Coimbatore District. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from taking coercive action based on the order obtained by 1st respondent in Crl.M.P. No.30160 of 2024 on the file of Hon'ble Chief Judicial Magistrate, Coimbatore, as against the petitioner property comprised of land and building in Coimbatore Registration District, Sulur Sub-Registration District, Sulur Taluk, Kangayampalayam Village, S.F.No:26/3, AC.3.32 in this a layout site No:4 of an area of 2,420 Sq.ft. or 224.8 Sq.mtr admeasuring 61 feet North-South on the East, 60 feet North-South on the west, 40 feet EastWest on both sides.

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For Petitioner : Mr.Elayaraja Kumar for Ms.A.S.Neela Narayani

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Page 1 of 4 https://www.mhc.tn.gov.in/judis

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W.P.No.5271 of 2025

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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 wanted urgent circulation to challenge an order passed under Section 14 of the SARFAESI Act. When we expressed our view to the counsel that an alternative remedy by way of filing an application before the Debts Recovery Tribunal is available, counsel sought leave to withdraw the petition with liberty to file such application before the Debts Recovery Tribunal for appropriate reliefs.

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Petition is dismissed as withdrawn, with liberty as prayed for. If the application is filed within two weeks from today, delay, if any in approaching the Debts Recovery Tribunal, shall be deemed to have been condoned. There shall be no order as to costs. Consequently, the interim application also stands dismissed.

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(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 03.03.2025 Index : Yes/No Neutral Citation : Yes/No sra

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Page 2 of 4 https://www.mhc.tn.gov.in/judis

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W.P.No.5271 of 2025

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The Inspector of Police, Sulur Police Station, Coimbatore District.

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Page 3 of 4 https://www.mhc.tn.gov.in/judis

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