R.Safiulah v. The Tamil Nadu Industrial Investment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Saffiullah

...Petitioner

-Vs1. The Tamil Nadu Industrial Investment Corporation Limited, DDDC Building (upstairs) Pennagram Main Road Dharmapuri 636702, Rep. By its Authorized Loan Administration Officer J.Ravikumar 2 S.R.Cartons India Pvt. Ltd Rep. By its Director Mr. R.Safiullah No.11/2 Jerthalav Village, Palacode Taluk, Dharmapuri District.

3 S.Sabeer Ahamed Managing Partner of M/s. S.R.Cartons India Pvt.

4 Masthari Begum 5 S.Rasheed Ahmed Managing Director of M/s.S.R. Cartons India Pvt. Ltd.

... Respondents 1/4

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to set aside the docket order dated 15.09.2021 made in Copy Application No.181 of 2021 in Crl.M.P.No.143 of 2020 on the file of the learned Chief Judicial Magistrate, Dharmapuri, Dharmapuri District and to direct the learned Chief Judicial Magistrate, Dharmapuri to issue certified copies of the documents asked for the petitioner in his copy application dated 14.02.2020 in Copy Application No.181 of 2021 in Crl.M.P.No.143 of 2020.

For Petitioner : Mr.T.Dhanasekaran For R1 : Mr.K.Magesh Standing Counsel For R2 to R5 : No appearance

ORDER

This Criminal Original Petition has been filed to set aside the docket order dated 15.09.2021 made in Copy Application No.181 of 2021 in Crl.M.P.No.143 of 2020 on the file of the learned Chief Judicial Magistrate, Dharmapuri, Dharmapuri District and to direct the learned Chief Judicial Magistrate, Dharmapuri to issue certified copies of the documents asked for the petitioner in his copy application dated 14.02.2020 in Copy Application No.181 of 2021 in Crl.M.P.No.143 of 2020.

2. The petitioner borrowed loan and defaulted in payment with the 2/4

first respondent. Therefore, the first respondent proceeded under the SURFAESI Act. After completion of the same, the first respondent filed a petition under Section 14 of SURFAESI Act for taking possession of secured assets of the petitioner herein. In support of the petition, the first respondent annexed various documents. It was ordered on 26.11.2020 when the Advocate Commissioner visited the subject property to take possession of the secured assets. The petitioner herein applied for certified copies of the documents, which are annexed along with the direction petition. The Court below rightly returned the copy application for the reason that the documents, which were annexed along with the petition, were not marked before the Court below.

3. In view of the above, this Court finds no infirmity or illegality in the endorsement made in the copy application. Accordingly, this Criminal Original Petition is dismissed.

13.09.2022 Internet: Yes Index : Yes/No Speaking/Non Speaking order vsn/Lpp G.K.ILANTHIRAIYAN. J, 3/4

vsn/Lpp To

1. The Chief Judicial Magistrate, Dharmapuri.

2. The Tamil Nadu Industrial Investment Corporation Limited, DDDC Building (upstairs) Pennagram Main Road, Dharmapuri 636702.

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