Madras High CourtWP/20074/2021closed

M.Raja v. The Authorized Officer

2022-01-21Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.20074 of 2021 M.Raja

...Petitioner

Vs 1 The Authorized Officer M/s. Tamil Nadu Merchantile Bank Ltd Salem Region, No. 105 1st Floor, Varalakshmi Orchids Ramakrishna Road, Salem 636 007 2 M/s. Tamil Nadu Merchantile Bank Ltd Elampillai Branch No. 639/2-B, Mettur Road (Near Bus Stand) Elampillai, Salem District 637 502 3 K.SathishKumar 4 The Presiding Officer The Debts Recovery Tribunal Coimbatore

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd Respondent to provide copies of the demand notice dated 31.01.2017 and possession notice dated 08.05.2017 issued under section 13(2) and 13(4) of the SARFAESI Act 2002 to the petitioner or in the alternative direct the 4th respondent Tribunal to number the application filed by petitioner in S.A. Sr. 6129/2021 under Section 17 of the SARFAESI Act 2002 and dispose the same on merits and in accordance with law. For the Petitioner :

Mr.M.Sivavarthanan For the Respondents :

Mr.V.Chandrasekaran 1 and 2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The writ petition is filed to seek a direction on the respondents 1 and 2 to provide copies of the demand and possession notices dated 31.01.2017 and 08.05.2017 respectively, issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.The learned counsel for the respondents for 1 and 2 submits that the second copy of the demand and possession notices have been provided to the petitioner. 3.In view of the above, noting survives in the writ petition. Accordingly, the writ petition is ordered to be closed. There will be no order as to costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tar To:

1 The Authorized Officer M/s. Tamil Nadu Merchantile Bank Ltd Salem Region No. 105 1st Floor Varalakshmi Orchids Ramakrishna Road, Salem 636 007 2 M/s. Tamil Nadu Merchantile Bank Ltd Elampillai Branch No. 639/2-B, Mettur Road (Near Bus Stand) Elampillai, Salem District 637 502 3 The Presiding Officer The Debts Recovery Tribunal Coimbatore W.P.No.20074 of 2021 GPL(CO) RGA(28/01/2022) https://hcservices.ecourts.gov.in/hcservices/