V.Gladys Malini v. M/S.State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.05.2025 CORAM :
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19461 of 2025 and W.M.P.Nos.21747 & 21748 of 2025 1.V.Gladys Malini 2.V.Nishanth Paul Petitioners Vs M/s.State Bank of India Stressed Assets Recovery Branch Egmore Rep. by its Authorized Officer, No.32, Monteith Road, Egmore, Chennai.
Respondent PRAYER Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, forbearing the respondent or their men, agent, servants or anybody claiming
through them from interfering with the petitioners peaceful possession and enjoyment particularly evicting the petitioners from the premises at Flat No.15, 4th floor 'C' Block, Snehan Apartment No.3, Park Road, Anna Nagar West Extn. Near Padi Junction, Chennai- 600 040 till the petitioners representation dated 13.05.2025 is considered by the respondent as per law. For Petitioners:
Mr.B.Manimaran For Respondent: Mr.M.L.Ganesh
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.) The first petitioner is the wife of the borrower and the second petitioner is the son of the borrower. By this writ petition, they seek to prevent interference with their peaceful possession of the property described in the petition.
2. Mr.M.L.Ganesh, learned counsel, accepts notice on behalf of the respondent. On instructions, he submits that pursuant to a demand notice under Section 13(2) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, measures were taken under Section 13(4) thereof, including by way of obtaining an order under Section 14. Since the petitioners have not challenged the measures under Section 13(4) before the jurisdictional Debts Recovery Tribunal, he submits that the present writ petition is liable to be dismissed.
3. The documents on record include the demand notice dated 06.03.2023. By such notice, demand for a sum of about Rs.3.03 Crores has been made. On examining the affidavit, it is clear that the petitioners have not taken any steps to re-pay the dues to the respondent.
4. The petitioners also state that the education of the first petitioner's children would be affected, if they are evicted forthwith. By taking this aspect into consideration, the respondent is directed to provide the petitioners two months' time to hand over vacant possession of the property described in
the petition.
5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.21748 of 2025 is closed.
6. Considering the relationship of petitioners 1 and 2, W.M.P.No.21747 of 2025 filed to permit the petitioners to file a single writ petition is ordered as prayed for. (S.K.R., J.) (T.V.T.S., J.) 28.05.2025 Index :
No No bbr/vum To The Authorised Officer, State Bank of India Stressed Assets Recovery Branch Egmore No.32, Monteith Road, Egmore, Chennai.
SENTHILKUMAR RAMAMOORTHY ,J.
and T.V.THAMILSELVI , J.
bbr/vum W.P.No.19461 of 2025 and W.M.P.Nos.21747 & 21748 of 2025 28.05.2025