Sunthanthiram v. M/S. Omkara Asses Reconstruction Private Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.16188 of 2023 Sunthanthiram ... Petitioner Vs.

M/s.Omkara Asses Reconstruction Pvt.Ltd., (In the capacity as Trustee of the OMKARA PS06/2021-2022), As Assignee, represented by the Authorized Officer, Having its registered Office at No.9, M.P.Nagar, 1st Street, Kongu Nagar, Etn., Tirupur-641 607.

...Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 15.03.2023 in Cr.M.P.No.27442/2022 passed by the learned Chief Judicial Magistrate, Thiruchirappalli and quash the same. For Petitioner : Mr.B.Rajesh Saravanan For Respondent : No Appearance 1/3

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The order impugned in the Writ Petition is appealable under Section 17 of SARFAESI Act. The learned counsel for the petitioner submits that as per the interim order of this Court dated 11.08.2023, the petitioner has deposited a sum of Rs.18 Lakhs to the credit of his loan account. Therefore, granting 15 days time to the petitioner to prefer an appeal before the jurisdictional Debts Recovery Tribunal, this Writ Petition stands closed. No costs. Consequently, connected miscellaneuos petition is also closed.

(S.M.S., J.) & (V.L.N., J.) 06.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 2/3

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva and W.M.P.(MD)No.16188 of 2023 06.10.2023 3/3