S.Velliangiri v. The Authorised Officer/ General Manager (Gen)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Velliangiri : Petitioner versus 1.The Authorised Officer/ General Manager (Gen), Erode Cooperative Urban Bank, Erode 2.The Manager, District Central Cooperative Bank, Head Office, Bhavani Main Road, Erode -3 3.Gnanasekar 4.B.L.Karthikeyan 5.K.Sarojini : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the first respondent proceedings dated 09.02.2023, quash the same. For the Petitioner :

Mr.A.Sivaji

For the Respondents :

Mr.S.Kaithamalai Kumaran, for respondents 1 and 2 No appearance for respondent No.4 Not ready for respondents 3 and 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Sivaji, learned counsel for the petitioner and Mr.S.Kaithamalai Kumaran, for respondents 1 and 2.

2. Learned counsel for the petitioner submits that the petitioner is challenging the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, 'the Act').

3. Notice under Section 13(4) of the Act can be assailed before the Debts Recovery Tribunal under Section 17 of the Act.

4. In light of that, the Writ Petition is disposed of with liberty to

the petitioner to avail the alternate remedy as may be permissible under law.

5. The Writ Petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.6287 and 6289 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 09.08.2023 Index : Yes/No : Yes/No tar To 1.The Authorised Officer/ General Manager (Gen), Erode Cooperative Urban Bank, Erode 2.The Manager, District Central Cooperative Bank, Head Office, Bhavani Main Road, Erode -3

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 09.08.2023