M/s. Gurudev Educational Charitable Trust Vs The… — Writ and Judicial Review | Madras HC (2025)

M/s. Gurudev Educational Charitable Trust Vs The… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None on merits. Leave to withdraw was sought by the petitioner's counsel and granted; the petition was dismissed as withdrawn, with no order as to costs, and the connected miscellaneous petitions (WMP(MD) Nos.7218, 7219, 7221, 7222 & 7225 of 2025) were closed (paras 27-30).

Issue for consideration

Whether the impugned 5th E-Auction Sale Notice dated 12.02.2025 issued by the second respondent in respect of Loan Account Nos. 400319006976, 400319011336, 400319012125, 400319012563 and 400319019585 was illegal and liable to be quashed (raised by prayer; not decided, petition withdrawn). +1 more

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench of Madras High Court, W.P.(MD)No.9678 of 2025) filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the impugned 5th E-Auction Sale Notice dated 12.02.2025 issued by M/s.Auxilo Finserve Pvt Ltd. (second respondent) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, in respect of Loan Account Nos. 400319006976, 400319011336, 400319012125, 400319012563 and 400319019585, and to restrain the third respondent (Sub Registrar) from registering any document in reference to the auction sale, with a consequential direction permitting the petitioner (M/s.Gurudev Educational Charitable Trust) to exercise its right of redemption upon payment of the loan outstanding. By an order authored by Chief Justice K.R. Shriram (bench: Chief Justice K.R. Shriram and Justice P.B. Balaji, dated 08.04.2025), counsel for the petitioner sought and obtained leave to withdraw the petition; the petition was dismissed as withdrawn with no order as to costs and the connected miscellaneous petitions were closed. NO ISSUE WAS DECIDED ON MERITS: the judgment expresses no view on the legality of the e-auction sale notice, the SARFAESI process, or the right of redemption, and therefore carries no precedential value on those questions.

W.P.(MD)No.9678 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE

and

THE HONOURABLE MR.JUSTICE P.B. BALAJI

W.P.(MD)No.9678 of 2025 and WMP(MD) Nos.7218, 7219, 7221,7222 & 7225 of 2025

M/s.Gurudev Educational Charitable Trust, Rep by its Managing Trustee, Gnanasekaran, S/o. Rasu Thevar, No. 122/013, North Street, Mekkilarpatti, Usilampatty Taluk, Madurai – 625 532.

... Petitioner

-vs-

1.The Regional Director Reserve Bank of India Fort Glacis No.16 Rajaji Salai Chennai 600 001.

2.M/s.Auxilo Finserve Pvt Ltd., Rep. by its Regional Authorized Officer, Brand Office No.71 Orchid Centre 1^st Floor, Kannappan Street, Nelson Manickam Road, Aminjikarai, Chennai – 600 029.

3.The Sub Registrar Sub Registrar Office

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W.P.(MD)No.9678 of 2025

Usilampatti Taluk 625 532 Madurai District

4.Ponmani Matriculation Higher Secondary School Rep. by its Managing Director, PTM Nagar Usilampatti Taluk Madurai. ... Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned 5^th E-Auction Sale Notice for Sale of Immovable Assets under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, issued by the 2^nd respondent vide his proceedings nil dated 12.02.2025 in respect of Loan Account Nos. 400319006976, 400319011336, 400319012125, 400319012563 and 400319019585 and quash the same as illegal, and restraining the 3^rd respondent from taking any action on any document, purportedly in reference to the auction sale of the property mentioned in the impugned e-auction sale notice and consequently direct the 2^nd respondent to permit the petitioner to exercise his right of redemption and release the property upon payment of loan outstanding.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.A.Sivasubramanian for R2 Mr.SRA.Ramachandran Additional Government Pleader for R3 Mr.K.K.Samy for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

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W.P.(MD)No.9678 of 2025

Shri.N.Dilip Kumar, on instructions, seeks leave to withdraw the

petition.

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

costs. Consequently connected Miscellaneous Petitions stand closed.

[K.R.SHRIRAM., C.J.] [ P.B. BALAJI , J.] 08.04.2025

NCC : Yes/No Index : Yes/No RR

To The Sub Registrar Sub Registrar Office Usilampatti Taluk 625 532 Madurai District

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W.P.(MD)No.9678 of 2025

THE HON'BLE CHIEF JUSTICE

AND

P.B.BALAJI, J.

RR

ORDER IN WP(MD) No.9678 of 2025

Date : 08/04/2025

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