Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 156426 (MAD)

J.Jayaprakash v. M/s.IndoStar Home Finance Private Limited

WP(MD)/23790/2025 · 2025-09-10

Anita Sumanth, C Kumarappan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.23790 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.23790 of 2025 J.Jayaprakash ... Petitioner /Vs./ 1.M/s.Indostar Home Finance Private Limited, Registered Office, Unit No.305, Corporate Avenue, 2/E Wing, 3rd Floor, Andheri Ghatkopar Link Road, Chakala Andheri (East), Mumbai – 400 093. 2.M/s.Niwas Housing Finance Private Limited, (Formerly Known as Indostar Home Finance Private Limited), Represented by its Authorized Officer, Registered Office At, Unit No.305,Corporate Avenue, 2/E Wing, 3rd Floor, Andheri Ghatkopar Link Road, Chakala Andheri (East), Mumbai – 400 093. 3.M/s.ICICI Prudential Life Insurance Company Limited, Represented by its Authorized Officer, Registered office at No.1089, Appasaheb Marathe Marg, Prabhadevi, Mumbai – 400 025. ... Respondents 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23790 of 2025 PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records to set aside the order passed in Crl.M.P.No.3883 of 2025 by the Hon'ble Chief Judicial Magistrate, Madurai on 17.06.2025 and quash the same. For Petitioner : Mr.Jayasuriya Prakash for Mr.P.Venugopal ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) This Writ Petition is not maintainable, as there is an effective statutory remedy available under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'). The petitioner may, hence, avail of the same. 2.In light of the above, this Writ Petition is dismissed. No costs. [A.S.M.J.,] & [C.K.J.,] 10.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23790 of 2025 To 1.M/s.Indostar Home Finance Private Limited, Registered Office, Unit No.305, Corporate Avenue, 2/E Wing, 3rd Floor, Andheri Ghatkopar Link Road, Chakala Andheri (East), Mumbai – 400 093. 2.M/s.Niwas Housing Finance Private Limited, (Formerly Known as Indostar Home Finance Private Limited), Represented by its Authorized Officer, Registered Office At, Unit No.305,Corporate Avenue, 2/E Wing, 3rd Floor, Andheri Ghatkopar Link Road, Chakala Andheri (East), Mumbai – 400 093. 3.M/s.ICICI Prudential Life Insurance Company Limited, Represented by its Authorized Officer, Registered office at No.1089, Appasaheb Marathe Marg, Prabhadevi, Mumbai – 400 025. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.23790 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. ps W.P(MD)No.23790 of 2025 10.09.2025 4/4 https://www.mhc.tn.gov.in/judis