M/S. Thiruvonam Industries vs Hero Fincorp Ltd on 18 July, 2025

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Anil K. Narendran, J.

The appellants-petitioners have filed W.P.(C)No.18126 of

2025, invoking the writ jurisdiction of this Court under Article

226 of the Constitution of India, seeking a declaration that

Ext.P1 notice dated 16.03.2023 issued by the 2nd respondent

Authorised Officer of the 1st respondent Hero Fincorp Limited,

which is a private non-banking financial company, invoking the

provisions under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002
(SARFAESI Act) and all further proceedings and documents

issued pursuant thereto, are illegal and to quash the same; a

writ of mandamus commanding the 1st respondent Hero Fincorp

Limited to permit them to remit the due amount standing in the

loan account mentioned in Ext.P1 notice dated 16.03.2023, in 25

instalments and regularise the loan account mentioned in the

said notice; and a writ of mandamus commanding the 1st

respondent Hero Fincorp Limited to allow them three months’

repayment holiday.



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