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Madras High CourtWP/4314/2026dismissed

Mr.Vasanth v. M/S.Dewan Housing Finance Limited

2026-03-09Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR Vasanth ..

Petitioner Vs.

1. M/s. Dewan Housing Finance Limited (Formerly now known as Piramal Capital & Housing Finance Limited), Rep. By its Authorised Officer Warden House - 2nd Floor, Sir P.M. Road Fort, Mumbai - 400 001.

2. M/s. Dewan Housing Finance Limited (Formerly now known as Piramal Capital & Housing Finance Limited), Rep. By its Authorised Officer Kapalathika Towers, Old No.24, New No.36, III Floor Dr.Ambedkar Road, Ashok Nagar Main Road Kodambakkam, Chennai - 600 024.

3. M/s. J.M.Financial Asset Reconstruction Co. Ltd. Rep. By its Authorised Officer, Sindhuja 7th Floor, Cnergy, Appasaheb Marathe Marg Prabhadevi, Mumbai - 400 025.

4. The Superintendent of Police Sathuvachari, Vellore District - 632 009.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, to direct the 3rd and 4th respondents to forthwith de-seal the premises of the petitioner residential house at Plot No.25, Balaji Nagar, VIT Main Road, Brammapuram, Vellore, Tamil Nadu - 632 014.

For the Petitioner :

Mr.S.K.Masthan For the Respondents :

Mr.S.Yashwanth Additional Government Pleader for R4

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Prayer sought herein is for a writ of mandamus, to direct the respondents 3 and 4 to forthwith de-seal the premises of the petitioner's residential house at Plot No.25, Balaji Nagar, VIT Main Road, Brammapuram, Vellore, Tamil Nadu - 632 014.

2. It is submitted by Mr.S.K.Masthan, learned counsel for the petitioner that, against the petitioner, the third respondent initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021, where, according to him, proceedings under Sections 13(2) and 13(4) of the Act of 2002 have already been initiated, followed by an order under Section 14 of the said Act.

3. All these orders have not been challenged so far before the Debts Recovery Tribunal, though such provision is available under the Act of 2002. Only at that juncture, he has come out with the present writ petition with the aforesaid prayer. 1 In short, hereinafter referred as "the Act of 2002".

4. We are not impressed with the said plea raised by the petitioner to entertain this writ petition, as the petitioner has got a statutory remedy available under the Act of 2002 to agitate the issue before the Debts Recovery Tribunal.

5. In view of the same, this writ petition since is liable to be dismissed, it is dismissed. No costs.

(R.S.K., J.) (N.S., J.) 09.03.2026 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No (drm) To:

1. The Superintendent of Police Sathuvachari, Vellore District - 632 009.

R. SURESH KUMAR, J.

AND N. SENTHILKUMAR, J.

(drm) 09.03.2026