Santosh Abraham v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Santosh Abraham ..

Petitioner Vs.

The Authorised Officer Religare Finvest Ltd.

7th Floor, Block A, Max House Dr.Jha Marg, Lhkla Phase III Okhla Industrial Estate New Delhi 110 020.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records relating to the impugned auction notice dated 20.02.2024 issued by the respondent proposing the e auction of all that piece and parcel of the land and industrial shed comprised in S.No.803/5B (as per Patta S.No.803/5B2 vide Patta No.1170) situate at 28, Kuthambakkam Village, Poonamallee Taluk, Tiruvallur District, measuring an extent of 1 acre of land (43650 sq.ft.) together with 1000 sq.ft. of Light Industrial Shed, quash the same vide Notice of sale dated 20/02/2024 under Rule 8(6) r/w proviso to Rule 9(1) of the Security Interest (Enforcement) Rules, 2002 (as amended).

For the Petitioner : Mr.Velayutham Pichaiya

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Velayutham Pichaiya, learned counsel for the petitioner.

2. After hearing learned counsel for the petitioner for sometime, learned counsel submits that the petitioner has already approached the Debts Recovery Tribunal by filing securitisation application. The same may be directed to be decided.

3. The petitioner may seek interim orders before the Debts Recovery Tribunal as may be permissible under law.

4. The writ petition is disposed of. Consequently, W.M.P.No.10229 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 02.04.2024 Index :

Yes/No :

Yes/No kpl THE HON'BLE CHIEF JUSTICE

AND J.SATHYA NARAYANA PRASAD, J (kpl) 02.04.2024