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HIGH COURT OF MADRAS
S.S. SUNDAR, C.SARAVANAN, JJ
P.Shanmugam (a mentally retarded person) – Appellant
Versus
The Authorised Officer, Indian Bank, R.S.Puram Branch, No.98, Mecricar Road, R.S.Puram, Coimbatore - 641 002. – Respondent
| Table of Content |
|---|
| 1. challenge to possession order under sarfaesi act. (Para 1 , 2) |
| 2. court's discretion to dismiss for parallel litigation concern. (Para 3) |
ORDER
(Order of the Court was made by S.S. SUNDAR, J.)
This Writ Petition is filed challenging the order of the learned Chief Judicial Magistrate, Coimbatore, dated 08.02.2025 made in Cr.M.P.No.35863 of 2024 in an application filed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002, (hereinafter referred to as 'SARFAESI Act') for taking physical possession of the property.
2. It is not disputed that the property was mortgaged with the respondent Bank and the proceedings were initiated under the SARFAESI Act. As against the sale notice, already an application is filed by the petitioner under Section 17 of the SARFAESI Act and the same is pending before the Debts Recovery Tribunal. The petitioner, has also filed a suit for partition of his share as well as for declaration that the mortgage in respect of petitioner's property is not valid. It is the contention of the defendant that the petitioner is a mentally retarded person, and therefore, the formalities required to procee
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