← Library
Madras High CourtWMP(MD)/9460/2022allowed

Murugavel .K v. The Ld. Chief Judicial Magistrate

2022-06-30Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy2 pages

W.M.P(MD)No.9460 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mrs.Justice S.SRIMATHY W.M.P(MD)No.9460 of 2022 in W.P(MD)No.8795 of 2022 MURUGAVEL .K ... PETITIONER/PETITIONER Vs 1 THE LD. CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

2 M/S.APTUS VALUE HOUSING FINANCE INDIA LTD.,, 256A, RAMESH MURUGAN COMPLEX, SUBBAN STREET , THENI , REP.BY ITS AUTHORIZED OFFICER.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased extend the time for paying the 2nd installment, as directed by this Honble Court vide its interim order dated 29.04.2022 in WMP (MD) No.6405/2022 in WP(MD) No.8795/2022.

Prayer in WP(MD). 8795/ 2022 :

Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorari calling for the records culminating into the Order dated 23.03.2022 in Cr.M.P.No.7551/2021 u/s.14 of the Securitisation and Reconstruction of Financial assets ad enforcement of security interest Act ( SARFAESI Act) , passed by the 1st respondent and set aside the same as illegal.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. VISHNURAM .G, Advocate for the petitioner and of M/S.V.SUKUMAR, Advocate on behalf of the Respondent No.2 the court made the following order:- [Order of the Court was made by S.S.SUNDAR, J.] This petition is filed to extend the time for paying the 2nd instalment as directed by this Court on 29.04.2022 in W.M.P(MD) No.6405 of 2022 in W.P(MD)No.8795 of 2022.

https://www.mhc.tn.gov.in/judis 1/2

W.M.P(MD)No.9460 of 2022 2.Heard Mr.G.Vishnuram, learned counsel appearing for the petitioner and Mr.V.Sukumar, learned counsel appearing for the second respondent.

3.Considering the circumstances of the case as indicated in the affidavit filed in support of this petition, this Court is inclined to extend the time for paying the 2nd instalment till 28.07.2022. Accordingly, time is extended for paying the second instalment on or before 28.07.2022. In case, the petitioner fails to make payment on or before 28.07.2022, interim stay granted shall stand vacated automatically, without any further reference to this Court. 4.List the Writ Petition on 29.07.2022.

sd/- 30/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE LD. CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

2 THE AUTHORIZED OFFICER.

APTUS VALUE HOUSING FINANCE INDIA LTD.,, 256A, RAMESH MURUGAN COMPLEX, SUBBAN STREET , THENI.

+1. C.C. to M/S.V.SUKUMAR, Advocate SR.No.6465

ORDER

IN W.M.P(MD)No.9460 of 2022 in W.P(MD)No.8795 of 2022 Date :30/06/2022 RK/SVR/SAR-II/11.07.2022 : 2P/4C https://www.mhc.tn.gov.in/judis 2/2