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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
The Manager / Authorized Officer, PNB Housing Finance Limited – Appellant
Versus
The Superintendent of Police, Pudur, Madurai – Respondent
| Table of Content |
|---|
| 1. implication of the sarfaesi act on legal processes. (Para 1) |
| 2. legal requirement of police protection in possession processes. (Para 2 , 3) |
| 3. jurisdictional limitations under article 226 regarding alternative remedies. (Para 4 , 5) |
| 4. outcome of the petition grounded on established legal precedents. (Para 6) |
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted by the Authorized Officer of PNB Housing Finance Limited, which is a private finance company.
2.Admittedly, action against the borrower has been initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, referred to as “the SARFAESI Act ”).
3.The learned counsel appearing for the petitioner submitted that the petitioner Bank is unable to take possession of the property and has filed an application seeking police protection. Meanwhile, the learned Chief Judicial Magistrate has also passed an order under Section 14 of the SARFAESI Act .
4.In respect of an order passed under Section 14 of the SARFAESI Act , further actions are to be initiated in the manner contemplated under the SARFAESI Act
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