Judgment · High Court

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 12.08.2011CORAM:THE HONOURABLE MR.JUSTICE P.JYOTHIMANIANDTHE HONOURABLE MR.JUSTICE M.M.SUNDRESHW.P.(MD).No.9105 of 2011and M.P.Nos.1 and 2 of 2011P.Rajamanickam : Petitioner Vs.The Dewan Housing Finance Corporation Ltd.,A Company Registered under the Companies Act, 1956,Having Registered Office at Warden House, Second Floor, Sir, P.M.Road, Fort, Mumbai 01 and Branch Office, First Floor, A.K.M.complex, State Bank Colony, Five Road, Salem 04, Represented by its Authorized Officer, Mr.Jeyakrishnan.N. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitutionof India praying to issue a Writ of Mandamus to direct the respondentto hand over key to the petitioner with regard to Survey No.OldS.F.No.42/1, New S.F.No.42/1B comprised in Suramangalam Village, Suramangalam Sub Road, Salem District pending disposal of I.A.No.19of 2010 in S.A.(SR).No.1661 of 2010 on the file of the Debts RecoveryTribunal, Madurai.

For Petitioner: Mr.M.Subash BabuORDER[Order of the Court was made BY P.JYOTHIMANI, J]The Writ Petitioner is stated to have borrowed certain amountsfrom the respondent – private Finance Company, which has taken stepsagainst the petitioner. As against the steps taken by the respondent– Finance Company, the petitioner has approached the Debts RecoveryTribunal, Madurai and it appears that the petitioner has filed https://hcservices.ecourts.gov.in/hcservices/ 2I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010, on the file of the Debts Recovery Tribunal, Madurai, to condone the delay of 147 days infiling appeal. Pending the same, he has filed the present WritPetition for a direction against the respondent to hand over key tothe petitioner with regard to Old S.F.No.42/1, New S.F.No.42/1Bcomprised in Suramangalam Village, Suramangalam Sub Road, SalemDistrict. 2. On the face of it, such a relief cannot be granted by this Court and the Writ Petition as against a private Finance Company isnot maintainable.