Ashok Chand L. and Others v. Indian Bank Chennai and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Mad) 11

MADRAS HIGH COURT
S. Tamilvanan, J.
Ashok Chand L. and Others v. Indian Bank Chennai and Another

Advocates:
For the Appellants/Petitioners:
For the Respondents: C. Johnson

Table of Content
1. writ petition seeks to quash notices under sarfaesi act. (Para 1 , 2 , 3)
2. respondents argue alternative remedies render petition unsustainable. (Para 5 , 9 , 10 , 12)
3. court observes legal action can be taken simultaneously under sarfaesi and drt act. (Para 6 , 7 , 8 , 14 , 15)
4. key legal ruling from transcore case highlighted. (Para 11)
5. court concludes that petition lacks sufficient grounds, warrants dismissal. (Para 16 , 18)
6. final decision on dismissal of writ petition and connected petitions. (Para 17 , 19)

1. The writ petition has been filed under Art.226 of the Constitution, seeking an order to issue a writ of certiorari, calling for the records of the second respondent pertaining to the possession notice, dated 30.08.2005 and the consequential sale notice, dated 16.11.2005 and quash the same.

2. According to the petitioners, the impugned order of the second respondent was passed invoking the provisions of S.13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as SARFAESI ACT), however, the impugned possession notice, dated 30.08.2005 and subsequent sale notice, date

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2011 Supreme(Online)(Mad) 11

MADRAS HIGH COURTS. Tamilvanan, J.Ashok Chand L. and Others v. Indian Bank Chennai and Another

Cases Referred (2)

MADRAS HIGH COURT
S. Tamilvanan, J.
Ashok Chand L. and Others v. Indian Bank Chennai and Another