S.Shreedharan vs Saravanan
2021 Latest Caselaw 234 Mad

                                                                            Cont P No. 1671 of 2018

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.01.2021

                                                         Coram

                                         The Hon'ble Mr. Justice P.N.PRAKASH
                                                          and
                                        The Hon'ble Mr. Justice V.SIVAGNANAM

                                               Cont P No 1671 of 2018

                      S.Shreedharan                                            .. Petitioner

                                                          Vs.

                      Saravanan, Chief Manager
                      Authorized Officer,
                      M/s.Canara Bank,
                      ARM Branch, Circle Office,
                      5th Floor, Anna Salai,
                      Teynampet, Chennai - 18.                                 .. Respondent

                            Petition filed under Section 11 of the Contempt of Courts Act,
                      1971 to punish the respondent Saravanan, Chief Manager, Canara
                      Bank, ARM Branch, Chennai for the deliberate willful disobedience
                      and violation of the judgment and decree dated 11.04.2014 in
                      O.S.No.5573 of 2013 on the file of this Court in XI Asst. City Civil
                      Court, Chennai.


                            For Petitioner          ..     Mr.B.Natarajan

                            For Respondent          ..     Mr.R.Umasuthan




                      Page 1 of 4


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                                                                        Cont P No. 1671 of 2018




                                                         ORDER

[Order of the Court was made by P.N.PRAKASH, J.]

It is the case of the petitioner that there was a tenant under

one Samraj in respect of the property in door No.9, Padmananabha

Street, T.Nagar, Chennai-17 and that when the said Samraj attempted

to threaten his possession, the petitioner filed O.S.No. 5573 of 2013

for permanent injunction against Samraj, in which, the decree was

passed by the learned XI Assistant City Civil Judge on 11.04.2014 in

favour of the petitioner injuncting Samraj or his men, agents and

servants or any one claiming under him from interfering in any

manner with the peaceful possession and enjoyment of the property

by the petitioner.

2. While doing so, it is the grievance of the petitioner that the

Chief Manager Authorized Officer of the Canara bank had taken

possession of the property and thereby, had violated the decree in

O.S.No. 5573 of 2013. On this premise, the present contempt petition

has been filed.

3. It is seen that Samraj had taken loan from Canara Bank and

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had defaulted and therefore, the Canara Bank had taken steps for

recovery of the amount under the SARFAESI Act and in that

proceedings had taken possession of Samraj's property.

4. In view of the above, it cannot be stated that the Canara

Bank had committed any contempt of the order passed by this Court,

inasmuch as the Bank had acted under a separate legislation, namely,

under the SARFAESI Act. That apart, the decree also states that there

shall not be any interference except by due process of law. Adopting

the procedure under the SARFAESI Act would amount to due process

of law. Hence this contempt petition is closed and the respondent is

discharged.

(P.N.P.,J.) (V.S.G.,J.) 05.01.2021

Index: Yes/No ssm

http://www.judis.nic.in Cont P No. 1671 of 2018

P.N.PRAKASH, J.

and V.SIVAGNANAM, J.

ssm

Cont P No. 1671 of 2018

05.01.2021

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