K.Azhakeshwari v. M/S.Equitas Small Finance Bank Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. K.Azhakeshwari

2. Kumar ..

Petitioners Vs.

M/s. Equitas Small Finance Bank Limited Rep. by its Authorised Officer, Dharani Regional Office, 4th Floor, Phase II Spencer Plaza No.769, Mount Road Anna Salai Chennai 600 002.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari calling for the entire records relating to the order dated 31.10.2022 made in Crl.M.P.No.2217 of 2022 on the file of the learned Chief Judicial Magistrate, Villupuram and quash the same.

For the Petitioners : Mr.C.Munusamy For the Respondent : Ms.A.S.Neela Narayani Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Munusamy, learned counsel for the petitioners and Ms.A.S.Neela Narayani, learned Standing Counsel for the respondent.

2. Learned counsel for the petitioners submits that the bank has already taken possession of the property.

3. In the light of that, the petitioners can now approach the Debts Recovery Tribunal.

4. Considering the bona fide shown by the petitioners and the fact that it is a housing loan of a small amount, status quo as on today be maintained for a period of seven days, so as to enable the petitioners to avail alternative remedy. Needless to state that on lapse

of seven days, protection shall come to an end.

5. The writ petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.14088 and 14090 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 12.06.2023 Index :

Yes/No :

Yes/No kpl To Ms.Dharani Authorised Officer M/s. Equitas Small Finance Bank Limited Regional Office, 4th Floor, Phase II Spencer Plaza No.769, Mount Road Anna Salai Chennai 600 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 12.06.2023