Sivakumar.A v. Motilal Oswal Home Finance Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.24461 of 2025 and W.M.P.Nos.27557, 27558 and 27561 of 2025

1. Sivakumar.A S/o. Arumugam, No.6, Kamachiamman Colony, Third Street, Tiruppur-641652.

Also at Thirupathi Texport 28/40 Padmavathi Puram 4th Street, Avinashi Road, Tiruppur-641603 Also at No.06, Sri Kamatchiamman Colony, 2nd Street, Aathupalayam Road, S.F. No.415/2C, Site No.16, No.15, Mariyamman Temple, Velampalayam Village, Tirupur -641 652 2.S. Vijayalakshmi W/o. Sivakumar, No.6, Kamachiamman Colony, Thrid Street, Tiruppur-641 652.

Petitioners Vs

Motilal Oswal Home Finance Ltd.

(Formerly Known as Aspire Home Finance Corporation Ltd), Through its Authorised Officer Santhosh, Having its Branch No.395/1, 2nd Floor, Azhagu Complex, Perundurai Road, Opposite to City Car Decors, Erode-638 011.

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari directing the respondent to call for the records and quash the order in Crl M.P.No.232 of 2025 passed by the Chief Judicial Magistrate Court of Tiruppur on 07.04.2025 and to break open the seal affixed by the respondent on the petitioner's residential premises and to reoccupy the possession in the said residential premises. For Petitioners:

Ms.S.Vennila

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Ms.Vennila seeks leave to withdraw the petition with liberty to approach the Debts Recovery Tribunal.

2. If an application is filed before the Debts Recovery Tribunal within two weeks, the delay, if any, shall be deemed to have been condoned.

3. Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim applications, being W.M.P.Nos.27558 and 27561 of 2025 are closed. W.M.P.No.27557 of 2025 filed to permit petitioners to file a single petition is ordered, inasmuch as petitioners have paid separate court-fee.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 09.07.2025 Index :

Yes/No :

Yes/No bbr

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr W.P.No.24461 of 2025 09.07.2025