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Madras High CourtWP/15755/2025allowed

J.Karthikeyan v. M/S.Edelweiss Asset Reconstrucion Company

2025-05-14Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN J.Karthikeyan S/o.M.Jeyaraj Petitioner Vs

1. M/s.Edelweiss Asset Reconstruction Company Acting in Capacity as Trustee of EARC Trust SC 353, Represented by its Authorised Officer Edelweiss House, Off CST Road, 1st Floor, Santa Cruz East, Kalina, Mumbai-400 098.

2.M/s.IndusInd Bank Limited, Rep. By Its Branch Manager, Old No.115, 116, New No.34, GN Chetty Road, T.Nagar, Chennai-600 017 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to open the petition premises situated in Block G1, 4th Floor, Door No.402, GST Road, Nandhivaram Village, Urapakkam, Chennai-603 202, to permit 1/4

the petitioner to take the documents/files pertaining to the petitioner's business transactions.

For Petitioner : Mr.S.Udhaya Kumar For Respondents : Mr.S.K.Mariappan [R1] *****

ORDER

Heard both sides.

2. The petition mentioned premises have already been taken possession by the respondents. The petitioner wants to take the documents and files kept inside the petition mentioned premises.

3. Learned counsel appearing for the first respondent submits that the first respondent has no objection for the same.

4. The petitioner will be personally present in the petition mentioned premises on 19.05.2025 at 10.00 a.m. The petitioner states that he may require maximum of 60 minutes to remove the documents and files. The respondents will facilitate the petitioner to have access to the petition 2/4

mentioned premises to remove the documents, files and other articles belonging to him. Thereafter, the respondents can reseal the petition mentioned premises.

This writ petition is disposed of accordingly. No costs. [G.R.S., J] [V.L.N., J] 14.05.2025 Index: yes/no Speaking Order/Non-Speaking Order gm/kak To 1.The Authorised Officer M/s.Edelweiss Asset Reconstruction Company Acting in Capacity as Trustee of EARC Trust SC 353, Edelweiss House, Off CST Road, 1st Floor Santa Cruz East, Kalina, Mumbai-400 098.

2.The Branch Manager, M/s.IndusInd Bank Limited, Old No.115, 116, New No.34, GN Chetty Road, T.Nagar, Chennai-600 017.

G.R.SWAMINATHAN, J and V.LAKSHMINARAYANAN, J 3/4

gm/kak 14.05.2025 4/4