Mohan Krishna R K v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA and W.M.P.No.16288 of 2022 1.Mohan Krishna R K 2.Pushpa M ...
Petitioners Vs 1.The Secretary Union Finance Ministry Government of India Room No. 129-B New Delhi 110 001 2.Reserve Bank of India No.16, Rajaji Salai Fort Glacis Chennai 600001 3.National Housing Bank Core 5-A, India Habitat Centre Lodhi Road, New Delhi 110 003 4.Registrar of Companies Block No.6, B Wing 2nd Floor Shastri Bhawan, 26, Haddows Road, Chennai 34.
5.M/s. Sundaram Home Finance Limited Formerly known as Sundaram BNP Paribas Home Finance Limited Rep. by Authorised Officer Corporate Office at Sundaram Towers No. 46 Whites Road, Chennai 600014 Branch Office at Old No.1, New No.1, 2nd Floor, Krishnar Koil Street, Rudlers Lane, Mannady, Opp. To Harbour Police Station, Parrys, Chennai 600001.
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Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents 1 to 4 to consider and dispose our representation dated 07.5.2022 and consequently directing the Respondents 1 to 4 to take appropriate action after conducting enquiry against the 5th respondent for the violation of statutory provisions of law.
For the Petitioners :
Mr.R.Balaguruswamy For the Respondents :
Mr.V.Ashok Kumar, C.G.C., for RR 1 and 4 * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on respondents 1 to 4 to consider and decide the representation made
by the petitioners. The representation was made on 07.05.2022 and immediately thereupon, the writ petition was filed. The representation was made when the respondent financial institution issued a demand notice on 30.03.2022 by way of publication demanding a sum of Rs.11,72,936/- stating that the notice issued under Section 13(2) of the Act of 2002 has been returned unserved.
2. Learned counsel for the petitioners submits that the entire due amount has been paid to the financial institution. If the amount due was already paid, then what prevented the petitioners from immediately sending a reply to the demand notice. The demand notice was issued when the notice under Section 13(2) of the Act of 2002 returned unserved.
3. In view of the above, we do not find any reason to issue a direction of the nature sought by the petitioners. It is more so when a representation was given only on 07.05.2022 and immediately thereupon, the writ petition was filed to seek a direction on the financial institution to consider and decide the
representation. The representation must be under consideration otherwise notice under Section 13(4) of the Act of 2002 would have been served which is then appealable before the Debts Recovery Tribunal.
The writ petition is, accordingly, dismissed. No costs. Consequently, W.M.P.No.16288 of 2022 is ordered. (M.N.B., CJ.) (N.M., J.) 05.07.2022 Index : Yes/No sra Note: Order copy be issued on payment of separate court-fee.
B/o sra 15.07.2022
To:
1.The Secretary Union Finance Ministry Government of India Room No. 129-B New Delhi 110 001 2.Reserve Bank of India No.16, Rajaji Salai Fort Glacis, Chennai 600001 3.National Housing Bank Core 5-A, India Habitat Centre, Lodhi Road, New Delhi 110 003.
4.Registrar of Companies Block No.6, B Wing 2nd Floor Shastri Bhawan, 26, Haddows Road, Chennai 34.
M.N.Bhandari, CJ.
and N.Mala, J.
(sra) 05.07.2022