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Madras High CourtWP(MD)/3237/2026disposed of

Rajasekaran v. Grihum Housing Finance Limited

2026-04-07Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.3237 of 2026 and W.M.P.(MD)No.2662 of 2026 Rajasekaran ... Petitioner Vs.

Grihum Housing Finance Limited, (Formerly known as Poonawalla Housing Finance Ltd.,) Rep., by its Authorized officer, Mr.S.Subramanian, Having Branch Office at 3rd Floor, Zion Towers, No.39, Bypass Road, Kalavasal, Madurai, Tamil Nadu-625 016.

...Respondent

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Cetiorari, to call for the entire records connected with the order dated 19.12.2025 in Cr.M.P.No.8104 of 2025 passed by the Chief Judicial Magistrate, Madurai and quash the same. 1/4

For Petitioner : Mr.S.Malaikani For Respondents : Mr.S.Suresh for Mr.R.Anandraj

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition is filed challenging the order passed by the learned Chief Judicial Magistrate, Madurai dated 19.12.2025 in Cr.M.P.No.8104 of 2025 appointing an Advocate Commissioner to take possession of the secured asset on the ground of default in repayment of the loan.

2.Though a challenge has been made to the order passed by the learned Chief Judicial Magistrate on various grounds, when this Court was inclined to dismiss the writ appeal on the ground that such orders cannot be challenged as a matter of right, the learned counsel for the appellant submitted that the total amount due is a sum of Rs.10,00,000/- and the overdue amount is Rs.4,98,375/-. It is further submitted that the appellant may be granted two months' time to pay the overdue amount, regularize the loan account, and thereafter continue to pay the monthly installments regularly.

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3.The learned counsel appearing for the respondent Bank fairly conceded to the said request.

4.In view of the above, the petitioner is directed to pay a sum of Rs.4,98,375/- (Rupees Four Lakhs Ninety Eight Thousand Three Hundred and Seventy Five only), along with two monthly installments, within a period of two months from today, i.e., 07.04.2026. Upon such payment, the respondent Bank shall regularize the loan account of the petitioner and permit the petitioner to continue payment of the monthly instalments as scheduled.

5.With the above direction, this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 07.04.2026 Index :Yes/No Internet :Yes ta 3/4

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.3237 of 2026 07.04.2026 4/4