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Madras High CourtWP(MD)/24244/2022closed

Vadivelrajan P v. The Authorized Officer

2022-11-22Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)No.18351 of 2022 P.Vadivelrajan ... Petitioner vs.

1.The Authorized Officer, M/s.Chaolamandalam Investment and Finance Company Limited, Arunkumar.

2.The Registrar, Debts Recovery Tribunal, Madurai.

3.S.Selvam, Advocate Commissioner, Srivilliputhur Bar Association, Srivilliputhur.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned possession order passed in Cr.M.P.No.50 of 2021 on the file 1/4

of the learned Chief Judicial Magistrate, Srivilliputhur, Virudhunagar District, dated 27.08.2022 and quash the same as illegal and for other reliefs. For Petitioner : Mr.S.Ponsaravanan For Respondents : No appearance

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this Writ Petition challenging the order, dated 27.08.2022 passed in Crl.M.P.No.50 of 2021 by the learned Chief Judicial Magistrate, Srivilliputhur, Virudhunagar District, ordering to take possession of the secured asset.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner has not complied with the conditional interim order of this Court, dated 20.10.2022 and further submitted that the petitioner may be granted liberty to work out his remedy before the Debts Recovery Tribunal. 2/4

3. In view of the above submission, the Writ Petition is disposed of granting liberty to the petitioner to work out his remedy before the Debts Recovery Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 22.11.2022 Internet : Yes ps To 1.The Authorized Officer, M/s.Chaolamandalam Investment and Finance Company Limited, Arunkumar.

2.The Registrar, Debts Recovery Tribunal, Madurai.

3/4

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 22.11.2022 4/4