Sunilkumar Jain v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.No.10418 of 2020 and W.M.P.No.12670 of 2020 Sunil Kumar Jain ... Petitioner .. Vs ..

The Authorized Officer, Bank of Baroda, Salem Main Branch, 44, Sannadhi Street, Fort, Salem - 636 001.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of Demand Notice under Section 13(2) of SARFAESI Act dated 05.12.2019 to the petitioner and quash the same for not disclosing the cause of action as illegal, non est and void and consequently direct the respondent to return the original document deposited by the petitioner for the security interests as mentioned in the Section 13(2) of Demand Notice. For Petitioner :

No Appearance For Respondent :

Mr.R.Imayavaramban for M/s.Ramalingam & Associates - - - - -

ORDER

[Order of the Court was made by M.M.SUNDRESH,J.] Heard the learned counsel for the respondent bank. No representation for the petitioner. It appears that on the last occasion also, there was no representation on behalf of the petitioner.

2. The learned counsel appearing for the respondent bank submitted that subsequently, notice under Section 13(4) of the SARFAESI Act has been issued.

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3. In view of the above said submission, the remedy open to the petitioner is to approach the jurisdictional Tribunal. This writ petition stands closed accordingly, giving liberty to the petitioner to approach the jurisdictional tribunal, if so advised. No costs. Consequently, connected WMP is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar Kmk To The Authorized officer, Bank of Baroda, Salem main Branch, 44,Sannadhi Street, Fort,Salem 636 001.

+2ccs to M/s.Ramalingam & Associates , Advocates, Sr.No.30197 W.P.No.10418 of 2020 GJ(CO) GS(19/10/2020) https://hcservices.ecourts.gov.in/hcservices/