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Madras High Court

M/S.Baapaa Engineers vs M/S.Electronics Finance Ltd. Company on 8 December, 2022

Author: R.Subramanian

Bench: R.Subramanian

                                                                           W.P.No.32990 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 08.12.2022

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                          Writ Petition No.32990 of 2022

                     M/s.Baapaa Engineers
                     Registered Partnership Firm
                     Rep by its Managing Partner
                     A.Pathmanaban, 46/43-B
                     SIDCO Industrial Estate, Ambattur
                     Chennai- 600 098.                                     ..Petitioner

                                                         Vs.

                     1. M/s.Electronics Finance Ltd. Company
                        Aadumbar, 101/1 Dr.Ketkar Road
                        Erandwane Pune Road
                        Pune, Maharashtra- 411 004.

                     2 M/s.Electronica Finance Ltd Company
                       1167, TVS Colony.
                       Anna Nagar West Extension
                       Chennai- 600 101.

                     3 The Nodal officer
                       Credit Information Bureau (India) Limited
                       Apeejay House, 2nd Floor, No.3 Dinshaw Vaccha Road
                       Churchgate Mumbai-400 020.                         ..Respondents




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.32990 of 2022




                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     seeking to issue a of Writ of Mandamus, directing the 3rd respondent to
                     furnish a copy of the order declaring the petitioner as a wilful defaulter so as
                     to enable the petitioner to challenge the same in the manner known to law.



                                            For Petitioner      : Mr.A.Muthukumar



                                                         ORDER

The prayer in the Writ Petition reads as follows:

β€œto issue a of Writ of Mandamus, directing the 3rd respondent to furnish a copy of the order declaring the petitioner as a wilful defaulter so as to enable the petitioner to challenge the same in the manner known to law.”

2. Considering the limited scope of the Writ Petition, notice to the respondents is deemed unnecessary.

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https://www.mhc.tn.gov.in/judis W.P.No.32990 of 2022

3. It appears that the first respondent has declared the petitioner as a wilful defaulter and the same has been uploaded in the website of the CIBIL, thereby disentitling the petitioner for certain financial assistance.

This is definitely a civil consequence and the petitioner is entitled to atleast the copy of the order to enable him to challenge the same.

4. Hence the Writ Petition is disposed of, with a direction to the respondents to furnish the copy of the order declaring the petitioner as a wilful defaulter and the report of the third respondent within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

08.12.2022 jv Index:Yes/No Internet:Yes/No Speaking order/Non-Speaking order Note: Time Bound case 3/5 https://www.mhc.tn.gov.in/judis W.P.No.32990 of 2022 To:-

1. M/s.Electronics Finance Ltd. Company Aadumbar, 101/1 Dr.Ketkar Road Erandwane Pune Road Pune, Maharashtra- 411 004.
2 M/s.Electronica Finance Ltd Company 1167, TVS Colony.

Anna Nagar West Extension Chennai- 600 101.

3 The Nodal officer Credit Information Bureau (India) Limited Apeejay House, 2nd Floor, No.3 Dinshaw Vaccha Road Churchgate Mumbai-400 020.

4/5

https://www.mhc.tn.gov.in/judis W.P.No.32990 of 2022 R.SUBRAMANIAN, J.

jv Writ Petition No.32990 of 2022 08.12.2022 5/5 https://www.mhc.tn.gov.in/judis