G.N. Ezhilarasan v. Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN AND THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN

1. G.N. Ezhilarasan S/o. Gopal, No.44, Sevanthi Nagar, North Raghunathapuram, Sakthi Nagar Main Road, Mangadu, Chennai-600 122.

2.E. Parameshwari W/o. G.N. Ezhilarasan, No.44, Sevanthi Nagar, North Raghunathapuram, Sakthi Nagar Main Road, Mangadu, Chennai600 122.

Petitioner(s) Vs

1. Bank Of India Anna Nagar Branch, W-124, New No.41, III Avenue, Anna Nagar, Chennai-600 040.

2.Bank Of India Asset Recovery Branch -Chennai Zone, 30/17, Errabalu Street, Chennai-600

001.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of Writ of Certiorarified Mandamus to call for the records on the file of the Recovery Officer, DRT-I, Chennai relating to Warrant of Possession of immovable property dated 29.02.2024 in TRC No.746/2022 (DRC No.67/2017 DRT-I Chennai) in O.A. No.111/2016 and quash the same and consequently direct the 2 nd respondent to consider the representation of 1 st petitioner dated 19.05.2025 by immediately break opening the lock and unseal 1 st petitioner's house premise situated at Plot No.1, Door No.15 thereon comprised in S.No. 36/1B/2, om Ganapathy Nagar lay out at Mangadu Village, Sriperumbudur Taluk, Kancheepuram District and extend time to pay the remaining OTS amount of Rs. 57,000,00/- by three months.

For Petitioner(s):

Mr.C.Prabhu For Respondent(s):

A. Ramaswamy (for Caveat)

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN J) The order impugned is an appealable order. It has been passed by the Recovery officer as per the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 r/w Schedule II of the Income Tax Rules. The appeal from the Recovery Officer lies to the Presiding Officer.

Hence, we are not inclined to interfere with the order and this writ petition is dismissed. The petitioner is granted fifteen days time from today to file an appeal to the Presiding Officer of the Jurisdictional Debt Recovery Tribunal. In case, the petitioner does so, the DRT will number the appeal without reference to limitation. In case, the appeal is not filed within the period granted, the liberty granted above will stand revoked. No costs. (G. R. S., J.) (V. L.N.,J.) 22-05-2025 rka/rsi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Bank Of India Anna Nagar Branch, W-124, New No.41, III Avenue, Anna Nagar, Chennai-600 040.

2.Bank Of India Asset Recovery Branch - Chennai Zone, 30/17, Errabalu Street, Chennai-600 001.

G.R.SWAMINATHAN J.

AND V.LAKSHMINARAYANAN J.

rka/rsi 22-05-2025