Dismissed¶27

Senthil Kumar v. The Edelweiss housing Finance Limited

Madras HC9 Jun 2025WP(MD)/12138/2025

Case brief

AI extract

What is this about?

SARFAESI possession notice; writ petition dismissed; alternative remedy — Debt Recovery Tribunal; Article 226; Edelweiss Asset Reconstruction Company Limited; Edelweiss Housing Finance Limited; Madurai Bench; Madras High Court; S.M.Subramaniam; A.D.Maria Clete; 09.06.2025; W.P(MD)No.12138 of 2025; W.M.P.(MD) No.8947 of 2025.

What did the court decide?

None; the writ petition was dismissed with no order as to costs, leaving the petitioner at liberty to seek redressal before the Debt Recovery Tribunal. ¶27

Senthil Kumar Vs The Edelweiss housing Finance Limited — Banking and Recovery | Madras HC (2025)

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W.P(MD)No.12138 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.12138 of 2025 and

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W.M.P.(MD) No.8947 of 2025

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Senthil Kumar ... Petitioner

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The Edelweiss Housing Finance Limited, Retail Centre Office, 1st Floor Edelweiss House, Off.Cst Road Kalina, Mumbai 400 094.

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The General Manager, The Edelweiss Housing Finance Limited 4th Floor, ATP Towers No.27/12a, Ramnagar, By Pass Road, Madurai 625 010.

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The Authorize Officer, The Edelweiss Asset Reconstruction Company Limited, 4th Floor, ATP Towers No.27/12a, Ramnagar, By Pass Road, Madurai 625 010. ... Respondents

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

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W.P(MD)No.12138 of 2025

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PRAYER:

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to calling for the entire relevant records related to the impugned possession notice of the 3rd respondent dated 24.02.2025, consequently set aside the same as illegal and to direct respondents to receive entire remaining loan amount with adequate interest for periodic 10 installments due, based on the petitioner's representation, dated 21.04.2025, within a stipulated time that may be fixed by this court.

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For Petitioner : Ms.S.Sivaranjani for Mr.R.Senthilkumar,

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The possession notice issued by the authorised officer under the SARFAESI Act is under challenge in the present writ proceedings.

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

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W.P(MD)No.12138 of 2025

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2.The learned Counsel for the petitioner would submit that the interim order passed by this Court, dated 25.04.2025, has been complied with.

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3.The impugned possession notice is susceptible to an appeal under the provisions of the SARFAESI Act. Therefore, the petitioner is at liberty to approach the Debt Recovery Tribunal for redressal of grievances.

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4.With the said observations, this writ petition stands dismissed. There shall be no order as to costs. Consequently, The connected miscellaneous petition is closed.

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Index:Yes/No Internet:Yes/No NCC:Yes/No

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

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W.P(MD)No.12138 of 2025

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S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.

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