M/S.Edelweiss Asset Reconstruction Company Ltd., v. K.Sekaran,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M/s.EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., having its registered office at Edelweiss House off CST Road Kalina, Mumbai 400 098 and having its branch office at Branch Office at No. 44/30, Sangusahpet Street Kanchipuram Town, Kanchipuram Taluk and Dist Rep by its Authorized Officer Raheemuddeen S Petitioner(s) Vs

1. K.Sekaran, S/o. Kuppusamy Mudaliar No. 9J/10, Vilakadi Koil Thoppu St Kanchipuram 2.S.Thandavamoorthy S/o. A.Sainabasivam Door No. 52, Narayanapalayam St Kanchipuram Town Kanchipuram Taluk and Dist.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, praying to pass an order directing the learned Principal District Session Court, Kancheepuram to number the unumbered EA SR No. 9078 of 2025. For Petitioner(s):

MR.V.Balasubramani For Respondent(s):

ORDER

The petitioner has filed the present petition seeking a direction to the Principal District and Sessions Court, Kancheepuram, to number the unnumbered E.A. S.R. No. 9078 of 2025.

2. The learned counsel for the petitioner submitted that the revision petitioner has filed an application before the Executing Court seeking to implead himself in E.P. No. 60 of 2024, pending on the file of the Principal District and Sessions Court, Kancheepuram. According to the petitioner, a Loan Assignment Agreement dated 28.04.2021 had already been entered into between the second respondent and the judgment debtor, whereby the right to recover the loan amount secured by the mortgaged property was assigned to the petitioner. Consequently, the petitioner claims to have stepped into the shoes of the original lender and is therefore a necessary party to the execution proceedings.

The learned counsel further submitted that, on the above basis, the petitioner filed an application in December 2025 seeking to implead himself as a party to the proceedings. However, as on date, the said application has not even been numbered by the Executing Court. He further submitted that, in the meantime, the properties have already been brought to sale. According to the petitioner, non-consideration of the impleading application would cause serious prejudice and hardship to him.

3. Considering the submissions made and the limited relief sought for, the Executing Court is directed to number the application in E.A. S.R. No. 9078 of 2025 within a period of one week from the date of receipt of a copy of this order, issue notice to the necessary parties, afford them an opportunity of hearing, and thereafter dispose of the application on its own merits and in accordance with law within a period of twelve weeks.

4. Till such time, all further proceedings in E.P. No. 60 of 2024, pending on the file of the Principal District and Sessions Court, Kancheepuram, shall remain stayed.

5. Accordingly, the Civil Revision petition is allowed. No costs. 15-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.K.Sekaran, S/o. Kuppusamy Mudaliar No. 9J/10, Vilakadi Koil Thoppu St Kanchipuram 2.S.Thandavamoorthy S/o. A.Sainabasivam Door No. 52, Narayanapalayam St Kanchipuram Town Kanchipuram Taluk and Dist.

3. The Principal District Session Court, Kancheepuram.

4.The section officer, VR Section High Court of Madras.

T.V.THAMILSELVI J.

rri 15-06-2026