REGENT COMPUTRONICS PVT. LTD.

M.Jayan Appellant

V/S

AUTHORIZED OFFICER, BANK OF BARODA Respondents

Referred Judgements :-

PRAGA TOOLS CORPORATION VS. C A IMANUAL [REFERRED TO]
DWARIKESH SUGAR INDUSTRIES LIMITED VS. PREM HEAVY ENGINEERING WORKS PRIVATE LIMITED [REFERRED TO]
SADHANA LODH VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
MARDIA CHEMICALS LIMITED VS. UNION OF INDIA [REFERRED TO]
STATE BANK OF INDIA VS. ALLIED CHEMICAL LABORATORIES [REFERRED TO]
UNITED BANK OF INDIA VS. SATYAWATI TONDON [REFERRED TO]
KANAIYALAL LALCHAND SACHDEV VS. STATE OF MAHARASHTRA [REFERRED TO]
RAMESH AHLUWALIA VS. STATE OF PUNJAB [REFERRED TO]
AGARWAL TRACOM PVT. LTD. VS. PUNJAB NATIONAL BANK & ORS. [REFERRED TO]
AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE VS. MATHEW K.C. [REFERRED TO]
HINDON FORGE PVT. LTD. VS. STATE OF UTTAR PRADESH [REFERRED TO]
ICICI BANK LTD. ETC.ETC VS. UMAKANTA MOHAPATRA ETC.ETC [REFERRED TO]
C. BRIGHT VS. DISTRICT COLLECTOR [REFERRED TO]
PHOENIX ARC PRIVATE LIMITED VS. VISHWA BHARATI VIDYA MANDIR [REFERRED TO]

JUDGEMENT

(1.) The prayer made in this Writ Petition is to issue a Writ of Certiorari, to quash the order in Crl.M.P.No.7653 of 2022, dtd. 6/9/2022 on the file of the Chief Judicial Magistrate, Nagercoil.

(2.) Though there is availability of expeditious and effective remedies under the SARFAESI Act, this writ petition has been filed, since the Debts Recovery Tribunal, Madurai, is not functional.

(3.) Before going into the issue raised in this writ petition, we deem it fit to consider the relevant provisions under the SARFAESI Act and the decisions of the Hon'ble Supreme Court as well as this Court in this regard, which will make one understand about the enforcement of security interest by the Banks or financial institutions in case of default in repayment of secured debt, vice versa the rights of the borrower against such enforcement.

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M.JAYAN Vs. AUTHORIZED OFFICER, BANK OF BARODA

Referred Judgements :-

JUDGEMENT

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