Noorul Ameen v. The Regional Director

1 W.P.(MD)NO.6332 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6332 of 2024 AND W.M.P.(MD)No.5930 of 2024 Noorul Ameen ... Petitioner Vs.

1. The Regional Director, Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai - 600 001.

2. P.Mohandoss

3. The Authorized Officer, M/s.Shriram Finance Ltd., 1st Floor, Shivraj Complex, Sayalkudi, Kadaladi Taluk, Ramanathapuram District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to ensure the third respondent to follow the due process of law with regard to seize the petitioner's ILM Matriculation school vehicle of Swaraj Mazda Supreme bearing registration No.TN 65 AV 4756. For Petitioner : Mr.R.Murugappan * * * 1/3

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O R D E R

Heard the learned counsel appearing for the petitioner.

2. The petitioner availed vehicle loan from the third respondent. It appears that the petitioner had committed default. As per the contractual terms and conditions, the creditor / financier would be at liberty to seize the vehicle without approaching the Court of law. The petitioner wants due process should be followed.

3. I fail to understand what this expression means. If the contract empowered the financier to take possession, that would also constitute due process of law. These are not matters in which the writ Court should intervene. Permitting the petitioner to work out his rights as per the contract, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15.03.2024 Index : Yes / No Internet : Yes/ No PMU 2/3

3 W.P.(MD)NO.6332 OF 2024 G.R.SWAMINATHAN,J.

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