[Cites 1, Cited by 0]
Madras High Court
Pathmanabhan Muthusamy vs M/S.Cholamandalam Investment on 18 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
W.P.(MD) No.11213 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.11213 of 2025
and
W.M.P.(MD) Nos.8358 & 8364 of 2026
1.Pathmanabhan Muthusamy
2.Easwari P
3.Avery Knitwear
rep.by Pathmanabhan Muthusamy
No.302, Sowmiya Oil Compound
Vijayamangalam Main Road
Uthukuli, Tamilnadu-638 751 ... Petitioners
-vs-
M/s.Cholamandalam Investment
and Finance Company Limited
Recovery Manager
A.Chandra Narayanan Alagersamy
No.2/3, G.V.Towers, III Floor
Melakkal Main Road
Madurai-625 016 ... Respondent
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W.P.(MD) No.11213 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for the records pertaining to the impugned order
passed by the learned Presiding Officer, Debts Recovery Tribunal, Madurai in
I.A.No.838 of 2025 in S.A.No.131 of 2025 and quash the same.
For Petitioners : Mr.S.Suresh
For Respondent : Mr.P.Pethu Rajesh
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
This writ petition is filed challenging the conditional order, dated
25.02.2025, passed in I.A.No.838 of 2025 in S.A.No.131 of 2025, on the file of
the Debts Recovery Tribunal, Madurai, imposing a condition on the petitioners
to pay the amount due in four equal monthly installments as detailed below
without going into the merits of the case:
“Without going into the merits of the case and
considering the submissions of Petitioner counsel,
stay of all further proceedings pursuant to the order
of the Ld. CJM, Coimbatore passed in Crl.MP.No.
25873/2024 dated 30.01.2025 is granted till
27.06.2025, with respect to the petition schedule
mentioned property, subject to payment of 40% after
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deduction of paid amount (i.e.,Rs.67,05,499) in 4
equal installments directly to the Respondents FI as
mentioned here under:
Installment Date (on or before) Amount
1st installment 25.03.2025 Rs.6,71,000/-
2nd installment 25.04.2025 Rs.6,71,000/-
3rd installment 26.05.2025 Rs.6,71,000/-
4th installment 26.06.2025 Rs.6,71,000/-
In case of non-payment of any one of the installments
in time, the stay stands vacated automatically and the
Respondents FI is at liberty to proceed further
pursuant to the order passed by Ld. CJM, Coimbatore
in Crl. MP.No.25873/2024, dated 30.01.2025. If the
Petitioner complies with the order, the stay granted
shall be made absolute, pending disposal of the SA
automatically.
For filing Proof of payment by the Applicant and for
filing Vakalath, Reply Statement and Typeset of
Papers by the Defendant FI, call on 27.06.2025.”
2. This Court has granted interim stay of the above order for a
period of eight weeks vide order dated 22.04.2025 and this matter was not
listed thereafter. Today, when the matter is taken up for hearing, learned
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counsel for the petitioners submitted that even after expiry of the stay period,
till date, the petitioners have not paid any amount towards the loan account,
which has been declared as “Non-Performing Asset” and for which, the subject
property has been attached by the learned Chief Judicial Magistrate,
Coimbatore, vide order dated 30.01.2025 in Crl.M.P.No.25873 of 2024. Since
the attachment order passed by the learned Chief Judicial Magistrate,
Coimbatore, is in connection with the loan due and payable by the petitioners
to the respondent – Finance Institution and in spite of giving some reprieve,
the petitioners have not paid the loan amount and they are keeping the due
undischarged, we are not inclined to entertain this writ petition.
3. Accordingly, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
[G.J., J.] [K.K.R.K., J.]
18.02.2026
(2/2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
and
W.M.P.(MD) Nos.8358 & 8364 of 2026
18.02.2026
(2/2)
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