S.Shyamala v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Shyamala : Petitioner Vs 1.The Presiding Officer Debts Recovery Tribunal III Chennai Dewa Towers, 5th Floor 770A, Anna Salai, Chennai-600 002.

2.The Authorised Officer Union Bank of India Kancheepuram Branch No.86 A-B Gandhi Road Kancheepuram District.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent not to take multiple action against the petitioner by simultaneously invoking SARFAESI Act 2002 and RDB Act, since the 2nd respondent has already issued Demand Notice under Section 13(2) of SARFAESI Act to the petitioner, by leaving behind that the 2nd respondent has filed OA Number 130 of 2020 before the 1st respondent by invoking RDB Act out of an illegal act, no cause of action arises. For the Petitioner :

No appearance

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We cannot comprehend the relief claimed in the present Writ Petition.

3. Earlier, when the matter was taken up for hearing on 02.06.2021, on that date also, there was no representation for the petitioner.

4. The matter is pending for almost two years.

5. As none appears for the petitioner, the Writ Petition is dismissed. There will be no order as to costs. Consequently, WMP No.12855 of 2021 is closed.

(S.V.G., CJ.) (P.D.A., J.) 02.08.2023 Index : Yes/No : Yes/No tar

To 1.The Presiding Officer Debts Recovery Tribunal III Chennai Dewa Towers, 5th Floor 770A, Anna Salai Chennai-600 002.

2.The Authorised Officer Union Bank of India Kancheepuram Branch No.86 A-B Gandhi Road Kancheepuram District.

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

(tar) 02.08.2023