D.Sathees Kumar v. Pegasus Assets Reconstruction Private Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ & W.M.P.Nos.6232, 6233 & 6235 of 2025
1. D.Satees Kumar
2. Manikandan
3. Selvendiran
4. Ramesh
5. Ravikumar
6. M.Jeeva
7. Anand Subramani ..
Petitioners Vs.
1. Pegasus Assets Reconstruction Private Ltd. 507, Dalamal House 2, Nariman Point Mumbai 400 021 Having Corporate Office 55-56, 5th Floor, Free Press House Nariman Point, Mumbi 400 021.
2. K.Selvakumar
3. S.Lavanya ..
Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records with respect of the order dated 15.11.2023 passed in Crl.M.P.No.378 of 2020 on the file of the Chief Judicial Magistrate, Salem and quash the same. For Petitioners :
Mr.R.Nalliyappan For Respondents :
Mr.S.Vijayakumar For Mr.R.Umasuthan for Respondent-1 No appearance - for Respondents 2 & 3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Counsel for first respondent, at the outset, opposed the petition stating that this Court should not exercise jurisdiction against a petition challenging an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and petitioners should be directed to approach the Debts Recovery
Tribunal.
2. Counsel for petitioners, on instructions, stated that petitioners be given some breathing time and gave an undertaking that each of the seven petitioners would vacate the mortgaged premises not later than 15.06.2025. Statement is accepted as an undertaking to this Court.
3. Shri. Nalliyappan states that he shall file an affidavit of each of the petitioners and serve a copy thereof on the advocate for respondent No.1, Shri. Umasuthan, confirming this undertaking, by 28.03.2025.
4. If the undertaking in the form of affidavit is not filed on behalf of each petitioner with proper jurat, this order shall stand recalled and the petition will stand dismissed without further reference to Court.
5. Petition is disposed of. There shall be no order as to costs. W.M.P.No.6232 of 2025 is allowed subject to each petitioner paying separate court fees, which shall be paid on or before 28.03.2025 and non-
payment will result in this order getting recalled and petition will stand dismissed. W.M.P.Nos.6233 and 6235 of 2025 also stand disposed. (K.R.SHRIRAM, CJ) (MOHAMMED SHAFFIQ,J.) 26.03.2025 Index :
Yes/No :
Yes/No kpl To The Chief Judicial Magistrate Salem.
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(kpl) 26.03.2025