Madras High Court
A.Kannagi vs The Deputy General Manager on 2 September, 2021
W.P.No.7671 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.7671 of 2021
1. A.Kannagi
2. Renuga Devi ... Petitioners
Vs.
1. The Deputy General Manager
REPCO Bank
Chennai Corporate Branch
No.18, C.P.Ramasamy Road
Alwarpet, Chennai – 600 018.
2. The Authorised Officer
REPCO Home Finance Limited
REPCO Bank, REPCO Tower
No.33, North Ushman Road
T.Nagar, Chennai – 600 017. ... Respondents
Prayer: Petition under Article 226 of the Constitution of India seeking
issuance of a writ of certiorari to call for the records of the second
respondent in his proceedings namely e-auction sale notice in
S.No.2/102, dated 23.2.2021 and quash the same.
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W.P.No.7671 of 2021
For the Petitioners : Mr.A.Ramalingam
For the Respondents : Mr.A.Ilangovan
for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The only ground urged on behalf of the petitioners is that the
second respondent secured creditor may have no authority to issue
an e-auction sale notice under the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002
or the Rules framed thereunder.
2. As noticed in previous judgments of this court, REPCO Bank
is not a secured creditor covered by the definition of such
expression in the Act of 2002. However, REPCO Home Finance
Limited, notwithstanding its association with REPCO Bank, has been
notified by the Central Government to be a financial institution and,
thus, comes within the definition of “secured creditor” in the said
Act of 2002. In such context, the two judgments of this court dated
3.3.2021 made on W.P.No.33133 of 2019 and dated 22.3.2021
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W.P.No.7671 of 2021
made on W.P.No.7395 of 2021 may be referred to.
3. Since the secured creditor in this case is REPCO Home
Finance Limited and such entity can be recognised to be a secured
creditor within the definition of such expression in the Act of 2002,
the principal plank of challenge fails.
4. However, it will be open to the petitioners to invoke Section
17 of the Act of 2002 to carry the petitioners' grievance pertaining
to any measure taken by the secured creditor to the jurisdictional
Debts Recovery Tribunal in accordance with law.
5. It is made clear that the merits of the matter have not been
gone into.
6. W.P.No.7671 of 2021 is dismissed with liberty as indicated
above. There will be no order as to costs.
W.M.P.Nos.8196, 8199 and 8201 of 2021 are closed.
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https://www.mhc.tn.gov.in/judis/
W.P.No.7671 of 2021
(S.B., CJ.) (P.D.A., J.)
02.09.2021
Index : No
sasi
To:
1. The Deputy General Manager
REPCO Bank
Chennai Corporate Branch
No.18, C.P.Ramasamy Road
Alwarpet, Chennai – 600 018.
2. The Authorised Officer
REPCO Home Finance Limited
REPCO Bank, REPCO Tower
No.33, North Ushman Road
T.Nagar, Chennai – 600 017.
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https://www.mhc.tn.gov.in/judis/
W.P.No.7671 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sasi)
W.P.No.7671 of 2021
02.09.2021
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