MAXIMUS ARC LIMITED Vs. ANNA UNIVERSITY, CHENNAI

JUDGEMENT

(1.) The Appellant, Maximus ARC Limited, an Asset Reconstruction Company as defined under Section3 of the SARFAESI Act, 2002, has filed the present intra-court Appeal against the order dated 12.7.2019 of the learned Single Judge dismissing its Writ Petition No.13326 of 2019 which was filed by the Appellant/Petitioner seeking a Mandamus direction to the Respondent, Anna University to disaffiliate Respondent No.2 Sri Devi Karumariamman Educational Trust Colleges and prevent and restrain Respondent No.2 Engineering College to admit the students in the Respondent College for the Academic Year 2019-2020.

(2.) The learned Single Judge dismissed the Writ Petition of the Appellant/Petitioner with the following observation:-

(3.) The learned counsel for the Appellant, Mr.Nithyaesh Natraj has urged before us that the Respondent No.2 Trust is a defaulter against whom a Decree has been obtained by the Appellant Company under SARFAESI Act as the Respondent Trust had committed defaults in payment of the loan taken from Bank of India, whose Assignee the Appellant is, for setting up Medical College, Engineering College and College for Management Studies in O.A.No.496 of 2016 filed before DRT II, Chennai. The Petitioner/Appellant is assigned the debt by the said Bank of India under Assignment Deed dated 21.2.2019 and therefore entitled to proceed under the provisions of the SARFAESI Act, 2002 for realisation of the dues from Respondent No.2 Trust.