James v. Manappuram Home Finance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)Nos.2736 and 2737 of 2025 James ... Petitioner vs.

Manappuram Home Finance, Rep. by Thiru.James Nayagam, Branch Manager & Authorised Officer, 1st Floor, 562/4, M.S.Road, Vettoornimadam Junction, Opp, Rajas Mandapam, Nagercoil, Kanyakumari District-629003.

... 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 records relating the order passed by the Hon'ble Chief Judicial Magistrate, Kanyakumari, in Crl.M.P.No.5895 of 2025 dated 20.01.2025 and to quash the same as illegal.

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For Petitioner : Mr.T.Wins For Respondent : Mr.Senthil Kumar, Standing Counsel

ORDER

(Order of the Court was made by S.SRIMATHY, J.) Challenging the order passed under Section 14 of the SARFAESI Act, by the learned Chief Judicial Magistrate, Kanyakumari, in Crl.M.P.No.5895 of 2025, dated 20.01.2025, this writ petition is filed to quash the same.

2.

According to the petitioner, the total outstanding is Rs. 10,55,000/-. As per the interim order, the petitioner has already paid Rs. 4,00,000/-. The balance amount shall be paid in ten equal monthly instalments. The first instalment shall be paid on or before 30th of May 2025 and the remaining nine monthly instalments shall be on or before the last day of the succeeding months until the entire amount is paid. The last instalment shall be paid along with accrued interest. In case of default in 2/4

any one of the instalments, the respondent is at liberty to proceed against the petitioner in accordance with law.

3.

With the above direction, the Writ Petition is disposed of. No costs. Connected miscellaneous petitions are closed. [J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 Index : Yes / No bala 3/4

J.NISHA BANU , J.

and S.SRIMATHY, J.

bala ORDER MADE IN DATED : 29.04.2025 4/4