Abdullah v. M/S.Fullerton India Credit Company Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2340 of 2023 Abdullah ... Petitioner vs.

M/s.Fullerton India Credit Company Limited, Registered Office at, Magh Towers, 3rd Floor, Old No.307, New No.167, PH Road, Maduravoyal, Chennai - 600 095.

And its Corporate Office at 5th & 6th Floor, B Wing, Supreme IT Park, Supreme City, Behind Lake Castle, Powai, Mumbai - 400 076, Represented by its Authorized Officer, J.Selvakumar.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the entire records pertaining to the order dated 27.12.2022 passed by the learned Chief Judicial Magistrate, Trichy in Cr.M.P.No.25927 of 2022 and quash the same as illegal.

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For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.S.Vellaisamy

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Challenging the impugned order in Cr.M.P.No.25927 of 2022 dated 27.12.2022 passed by the learned Chief Judicial Magistrate, Trichy, under Section 14 of the SARFAESI Act, the petitioner has filed the present Writ Petition.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that the Advocate Commissioner had taken possession of the property in question. 3.In view of the abovesaid submission, liberty is granted to the petitioner to approach the appropriate forum, in the manner known to law, if he is so advised.

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4.With the above liberty, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [L.V.G.,J.] 20.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps Note:- Registry is directed to return the original copy of the order in Cr.M.P.No.25927 of 2022 dated 27.12.2022, to the petitioner, after obtaining photostat copy of the same and issue order copy on 21.02.2023.

To M/s.Fullerton India Credit Company Limited, Registered Office at, Magh Towers, 3rd Floor, Old No.307, New No.167, PH Road, Maduravoyal, Chennai - 600 095.

And its Corporate Office at J.Selvakumar, Represented by its Authorized Officer, 5th & 6th Floor, B Wing, Supreme IT Park, Supreme City, Behind Lake Castle, Powai, Mumbai - 400 076.

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D. KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 20.02.2023 4/4