Pothumani v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.1 of 2026 Pothumani ... Petitioner -vsThe Authorized Officer Edelweiss Asset Reconstruction Company Limited Mumbai ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records relating to issuance of possession notice dated 04.09.2025 issued under Section 8(1) of SARFAESI Act by the respondent and quash the same as illegal and arbitrary. For Petitioner :

Mr.B.Sekar

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] This writ petition has been filed challenging the possession notice dated 04.09.2025, issued by the respondent - Bank under Section 8(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

2. Without adverting to the merits of the case, this writ petition is disposed of granting liberty to the petitioner herein to avail the remedy available under the statute, since under writ jurisdiction, factual disputed facts cannot be tested. No costs. Consequently, connected miscellaneous petition is closed.

[G.J., J.] [K.K.R.K., J.] 05.01.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.1 of 2026 05.01.2026