Dinesh Kumar. G v. Housing Development Finance Corporation Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.10079 of 2023 G.Dinesh Kumar ... Petitioner Vs.

Housing Development Finance Corporation Ltd., (HDFC Ltd) Rep. by its Authorised Officer, No.406, Sakthi Sivam Plaza, Pumping Station Road, 9th Cross Street,K.K.Nagar (East), Madurai 625 020.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to forbear the respondent from interfering with the possession of the property comprised in Flat No.B/F2, 15 Floor, Rohini Gateway "B" Block, 95/2R, 3B, 4,5,6B, K.Abishkapuram Village, Trichy on the basis of the order dated 19.12.2022 in CrMP.No.27683/2022 on the file of the Chief Judicial Magistrate, Tiruchirapalli passed under Section 14 of the SARFAESI and on the basis of the notice dated 29.04.2023 issued by the learned Advocate Commissioner.

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For Petitioner :Ms.P.Vimala Devi For Respondent :Mr.N.S.Karthikeyan

O R D E R

Heard the learned counsel appearing on either side.

2. It is not in dispute that the petitioner had already filed W.P. (MD).No.56 of 2023 and it is still pending. During the pendency of the writ petition, on the same cause of action, there cannot be institution of one more writ petition. This writ petition is not maintainable. The petitioner has to necessarily pursue his remedy in the earlier writ petition.

3. Leaving it open to the petitioner to work out his remedy in the earlier writ petition namely W.P.(MD).No.56 of 2023, the present writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index :Yes/No Internet :Yes/No NCC :Yes/No Vsm/Sbn 2/4

To The Authorised Officer, Housing Development Finance Corporation Ltd., (HDFC Ltd) No.406, Sakthi Sivam Plaza, Pumping Station Road, 9th Cross Street,K.K.Nagar (East), Madurai 625 020.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

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