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2025 DAILYLAW 35440 (MAD)

KETAN C. BAGADIA v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD

WP/10691/2025 · 2025-04-16

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P. No.10691 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2025 CORAM : THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 10691 of 2025 and WMP No.12050 of 2025 Ketan C. Bagadia S/o. Chhotalal A Bagadia, No.28 Ritherdon Road, Vepery Chennai - 600 007. Petitioner(s) Vs Cholamandalam Investment and Finance Company Ltd Rep by its Authorised Officer, K.Thiryagarajan, Dare House, 2, NSC Bose Road, Parrys, Chennai - 600 001. Respondent(s) Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for records on the file of the Debts Recovery Tribunal, Chennai-II in SA No.231/2024 dated 06.11.2024 and quash the same as illegal, arbitrary and against the settled principles of law and consequently direct respondent to lift the attachment __________ https://www.mhc.tn.gov.in/judis W.P. No.10691 of 2025 with consequential handing over the possession of petitioner's schedule property to petitioner. For Petitioner(s): Mr.R.Sivaraman ORDER (Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, counsel, on instructions, sought leave to withdraw the petition with liberty to approach the National Company Law Tribunal to declare that the Resolution Professional is not entitled to possession and in the alternative to direct the Resolution Professional to handover possession to petitioner. Petition is dismissed as withdrawn with the liberty as prayed for. There shall be no order as to costs. Consequently, interim application stands closed. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 16.04.2025 Index : Yes/No Neutral Citation : Yes/No sasi __________ https://www.mhc.tn.gov.in/judis W.P. No.10691 of 2025 To: The Authorised Officer, Cholamandalam Investment and Finance Company Ltd Dare House, 2, NSC Bose Road, Parrys, Chennai - 600 001. __________ https://www.mhc.tn.gov.in/judis W.P. No.10691 of 2025 THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J. (sasi) WP No.10691 of 2025 16.04.2025 __________ https://www.mhc.tn.gov.in/judis