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Madras High CourtWP/31400/2004dismissed

M/S.Kalyani Agro Farms Pvt.Ltd v. Union Of India , Rep By The

2019-06-26Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.Nos.31400, 31401, 31402, 31403, 31404 & 31405 of 2004 & W.P.M.P.Nos.38063, 38065, 38067, 38069 & 38071 of 2004 & 38061/2004 M/s.Kalyani Agro Farms Pvt. Ltd., Rep. by its Director Ranga Rao, Having its Office at No.9, Bazullah Road, T.Nagar, Chennai - 600 017.

...

Petitioner in all W.Ps'

Vs

1. Union of India, Rep. by the Secretary to Government, Ministry of FInance, New Delhi.

2. Oriental Bank of Commerce, Rep. by its Authorized Officer, 9-1-129/1, Oxford Plaza Building, Sarojini Devi Road, Secunderabad - 500 003.

..Respondents 1 & 2 in all W.Ps'

3.Kalyani Traders Pvt. Limited, Rep. by its Director Venkataramaniah, No.16/1267-B,Pogatha Nellore - 524 001.

..3rd respondent in W.P.No.31400 of 2004

3. Shanthi Traders Limited, Rep. by its Director V.Babu Reddy, No.16/1267, Pogathota, Nellore - 524 001.

..3rd respondent in W.P.No.31401 of 2004

3. Krishnaveni Traders (P) Limited, Rep. by its Director M.K.Madhusoodhan Reddy, 6th Street, Kodambakkam, Chennai - 600 024.

..3rd respondent in W.P.No.31402 of 2004

3. Venkatadri Traders Limited, Rep.by its Director A.GV.K.Kishore Kumar, Flat C-5, Old No.10, New No.19, Venkatraman Street, T.Nagar, Chennai - 600 017.

..3rd respondent in W.P.No.31403 of 2004

3. Sapthagiri Traders Limited, Rep. by its Director D.Somasekar Reddy, No.2, Ramachandra Road, Pondy Bazaar, T.Nagar, Chennai - 600 024.

..3rd respondent in W.P.No.31404 of 2004

3. Sathya Traders Limited, Rep. by its Director Ramalingeswara Rao, No.16/9, Thiruvalluvar Street, Rangarajapuram, Kodambakkam, Chennai - 600 024.

..3rd respondent in W.P.No.31405 of 2004 Prayer in all Writ Petitions:- These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the second respondent comprised in its Notice dated 30.08.2004 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and quash the same as being wholly arbitrarily, without jurisdiction, void and non-est in law and consequently forbear the second respondent from in any manner proceeding in respect of the schedule mentioned property for the alleged dues of M/s.Kalyani Traders Pvt. Limited, M/s.Shanthi Traders Limited, M/s.Krishnaveni Traders (P) Limited, M/s.Venkatadri Traders Limited, M/s.Sapthagiri Traders Limited, M/s.Sathya Traders Limited, respectively.

For Petitioners in all W.Ps'

: No appearance For Respondents in all W.Ps'

: Mr.J.Madanagopal Rao Senior Panel Counsel for R1 Mr.M.A.Abdul Wahab for R2 No appearance for R3

C O M M O N O R D E R The petitioner, in all Writ Petitions is one and the same, has filed these Writ Petitions to quash the notice, dated 30.08.2004 issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act") and to forbear the second respondent from in any manner proceeding in respect of the schedule mentioned property for the alleged dues of M/s.Kalyani Traders Pvt. Limited, M/s.Shanthi Traders Limited, M/s.Krishnaveni Traders (P) Limited, M/s.Venkatadri Traders Limited, M/s.Sapthagiri Traders Limited, M/s.Sathya Traders Limited, respectively.

2. Heard Mr.J.Madanagopal Rao, learned Senior Panel Counsel for the first respondent and Mr.M.A.Abdul Wahab, learned Standing Counsel for the second respondent. None represents for the petitioner.

3. It is settled law that notice issued section 13(2) of the SARFAESI Act cannot be challenged and the aggrieved party has to question the order passed under Section 13(4) of the Act before the Debts Recovery Tribunal. Reference may be made to the decision of the Supreme Court in ICICI Bank Limited v. Umakanta Mohapatra, [2018 SCC Online SC 2349].

4. For the foregoing reasons, these Writ Petitions are dismissed. There is no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar r n s To

1. The Secretary to Government, Union of India, Ministry of FInance, New Delhi.

2. Oriental Bank of Commerce, Rep. by its Authorized Officer, 9-1-129/1, Oxford Plaza Building, Sarojini Devi Road, Secunderabad - 500 003.

+1 cc to M/s.J.Madanagopal Rao, Advocate, S.R.No.52760 W.P.Nos.31400, 31401, 31402, 31403, 31404 & 31405 of 2004 & W.P.M.P.Nos.38603, 38065, 38067, 38069 & 38071 of 2004 SKV(CO) SSM(07/08/2019) SSM(14/08/2019)