Sara Beevi v. Aadhar Housing Finance Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.28603 of 2022 and W.M.P.(MD)Nos.22624 and 22626 of 2022 Sara Beevi ... Petitioner Vs.

1.Aadhar Housing Finance Limited, No.64, Mangal Towers, Bangali Market, Opp Taxi Stand, Dindigul - 624 001.

2.M/s.Pramerica Life Insurance Company Limited, 2nd Floor, D.No.48-A, New Millennium Complex, By-Pass Road, Arapalayam, Arasaradi, Madurai - 625 016.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned possession Notice dated 06.09.2022 issued by the 1st respondent and quash the same as illegal.

For Petitioner :

Mr.K.Navaneetharaja For Respondents :

Mr.Rajaravivarma

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Challenging the impugned possession notice dated 06.09.2022 issued by the first respondent, the petitioner has filed this Writ Petition.

2. On a perusal of the records it is seen that the Writ Petition was entertained by this Court on 21.12.2022, but no interim order was granted at this stage. We are of the view that since the petitioner is having an efficacious remedy under the SARFAESI Act, this Writ Petition is liable to be dismissed.

3. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to work out her remedy before the appropriate forum. Consequently, connected miscellaneous petitions are also closed. There shall be no order as to costs. [D.K.K., J.] [R.V., J.] 03.01.2024 Index :

Yes / No vsm

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.28603 of 2022 03.01.2024