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Madras High CourtWP/23377/2023disposed of

M/S.Shri Gangai Textech (India) Private Ltd. v. The Authorized Officer

2023-08-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s.Shri Gangai Textech (India) Private Ltd., Rep. by its Director, K.Kuppusamy, Door No.135, Devaramapalayam, Somanur, Sulur Taluk, Coimbatore District.

... Petitioner -vs1. The Authorized Officer, M/s.UCO Bank, Coimbatore Main Branch, Trichy Road, Coimbatore 641018, Rep. by its Manager.

2. Natarajan

3. Dhanabakkiyam

4. Saraswathy

5. Rukmani

6. Govindasamy ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 to 6 not to disturb physical possession of subject property without due process of law under Section 14(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

For the Petitioner :

Mr.M.Dharani Dharan * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Dharani Dharan, learned counsel for the petitioner.

The prayer is made not to disturb the possession of the petitioner.

2. The learned State Government Pleader submits that the Securitisation Application is also filed by the petitioner before the Debts Recovery Tribunal and the same is pending. The bank has also filed the Original Application and the same is also pending. Now, the respondents are trying to disturb the possession of the petitioner.

3. If the Securitisation Application is already pending before the

Debts Recovery Tribunal, all the reliefs can be claimed in the pending application. Entertaining the present writ petition would be multiplicity of litigation.

4. The petitioner may make appropriate application before the Debts Recovery Tribunal in the pending application or may take such other proceedings as may be permissible in law. In that event, all the contentions are kept open.

The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 10.08.2023 Index : Yes/No : Yes/No sra To

1. The Authorized Officer, M/s.UCO Bank, Coimbatore Main Branch, Trichy Road, Coimbatore 641018.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 10.08.2023