Madras High CourtWP/25874/2023disposed of

R.Darshika v. The Registrar,

2023-09-05Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Darshika ..

Petitioner Vs.

1. The Registrar Debts Recovery Tribunal-3, Chennai 6th Floor, Additional Office Building Shastri Bhavan, Haddows Road Nungambakkam, Chennai 600 006.

2. The Authorised Officer Union Bank of India Stressed Asset Management Branch No.38 & 39, Whites Road Royapettah, Chennai 14.

3. M/s. BKR Hotels and Resorts Pvt. Ltd.

Rep. by its Liquidator R.Venkatakrishnan No.22, Sarojini Street T.Nagar, Chennai 17.

4. D.R.Balakrishna Raja

5. K.Chidambara Nataraj ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to register the Securitisation Application of the petitioner in Diary No.4102/2023 dated 10.07.2023 with respect to the aggrieved sale notice dated 27.09.2022.

For the Petitioner : Mr.S.Kamalakannan For Ms.K.Jayasudha

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Kamalakannan, learned counsel for Ms.K.Jayasudha, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the petitioner has filed a Securitisation Application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 challenging the auction sale. The application is not registered on the ground that it is beyond 45 days. According to learned counsel, though Section 5 of the Limitation Act does not apply, Section 6 onwards of the Limitation Act would apply.

3. It is for the petitioner to plead and agitate before the Presiding Officer of the Debts Recovery Tribunal as to whether the application is within limitation or not. The Presiding Officer of the Debts Recovery Tribunal may hear the petitioner on the aspect of limitation and pass orders on its own merits.

4. The writ petition is disposed of.

(S.V.G., CJ.) (P.D.A., J.) 05.09.2023 Index :

Yes/No :

Yes/No kpl To

1. The Registrar Debts Recovery Tribunal-3, Chennai 6th Floor, Additional Office Building Shastri Bhavan, Haddows Road Nungambakkam, Chennai 600 006.

2. The Authorised Officer Union Bank of India Stressed Asset Management Branch No.38 & 39, Whites Road Royapettah, Chennai 14.

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

(kpl) 05.09.2023