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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Sivasakthi Sundarapandi – Appellant
Versus
The Authorised Officer, Motilal Oswal Home Finance Limited – Respondent
| Table of Content |
|---|
| 1. challenge to the magistrate's order regarding secured asset possession. (Para 1 , 2) |
| 2. claims of lack of notice to the petitioner. (Para 3) |
| 3. court's directive for deposit and merits review. (Para 4 , 5) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
This writ petition is filed challenging the order passed by the learned Chief Judicial Magistrate, Madurai in Cr.M.P.No.8461 of 2025 dated 09.01.2026 and 18.02.2026 appointing an Advocate Commissioner to take possession of the secured asset with the assistance of the concerned Police officials.
2.The learned counsel for the petitioner submits that the petitioner and his husband availed loan to the tune of Rs.14,94,138/- from the first respondent by creating an equitable mortgage. Since there was default in repaying the loan account, proceedings under the provisions of the SARFAESI Act has been initiated. In the meantime, the husband of the petitioner died. Since the property was brought under auction, the petitioner filed an application in S.A.No.267 of 2025 dated 28.03.2025 before the Debt Recovery Tribunal, Madurai and the same is pending. Whileso, the respondent Bank had approached the learned Judicial Magist
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