Madras High CourtWP/29134/2023disposed of

Mrs.S.Padmavathi v. The Presiding Officer

2023-10-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Padmavathi ..

Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal III Chennai Additional Office Buildings, 7th Floor Shastri Bhavan, Egmore Chennai 600 008.

2. The Authorised Officer Union Bank of India Kolathur Branch J.S.Shalini Commercial Complex No.1, United Colony Main Road Kolathur, Chennai 600 099.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records of the impugned order passed by the first respondent in S.A.No.28 of 2023 dated 03.07.2023 on the file of the Hon'ble DRT III Chennai, quash the

same and restore the S.A.No.28 of 2023 on its files to decide the same on merits.

For the Petitioner : Mr.G.Ilamurugu

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.Ilamurugu, learned counsel for the petitioner.

2. The petitioner has filed a Securitisation Application challenging the possession notice dated 17.11.2022 issued by the respondent bank for recovery of Rs.21,89,635/-. In the said proceedings, a memo is filed by the bank submitting therein that the bank may be permitted to withdraw the SARFAESI proceedings, as the loan account of the applicant (the present petitioner) has been regularised. In view of the said memo, S.A. is disposed of as infructuous as the respondent bank has withdrawn the SARFAESI action.

3. Learned counsel for the petitioner submits that the petitioner has cleared the loan amount to the extent of 90%.

4. If the petitioner clears the entire loan amount, then, the petitioner is entitled to the return of the documents. In case, the petitioner clears the entire loan amount and still the documents are not released, then, the petitioner may agitate the same.

5. The writ petition is disposed of. Consequently, W.M.P.No.28747 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index :

Yes/No :

Yes/No kpl To

1. The Registrar Debts Recovery Tribunal III Chennai Additional Office Buildings, 7th Floor Shastri Bhavan, Egmore, Chennai 600 008.

2. The Authorised Officer Union Bank of India Kolathur Branch, J.S.Shalini Commercial Complex No.1, United Colony Main Road Kolathur, Chennai 600 099.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.10.2023