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Madras High CourtWP/27698/2023disposed of

Dr.G.Raja Ramanan v. The Regional Manager,

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.Dr.G.Raja Ramanan 2.Sindhu Ragavi .. Petitioners Vs 1.The Regional Manager, Reserve Bank of India, Fort St. Glacis, Chennai.

2.The Banking Ombudsman, Reserve Bank of India, Fort St. Glacis, Chennai.

3.The Assistant General Manager, Bank of India, No.120(Old No.174) Luz Church Road, Mylapore, Chennai-600 004.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the possession notice by the third respondent dated 5.9.2023 issued under Section 13(C) under SARFAESI Act and quash the same.

For the Petitioners : Ms.V.Mahathi Chari

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.V.Mahathi Chari, learned counsel for the petitioner.

2. The petitioners are challenging the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the "Act of 2002"). The remedy is available against the notice issued under Section 13(4) before the Debts Recovery Tribunal under Section 17 of the Act of 2002.

3. In the light of the alternate remedy available, we are not inclined to entertain the present writ petition.

4. The writ petition is disposed of with liberty to avail the alternate remedy as may be permissible under law. There will be

no order as to costs. Consequently, W.M.P.No.27186 of 2023 is closed.

W.M.P.No.27182 of 2023 filed to permit the petitioners to file a single writ petition stands allowed and disposed of. (S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :

Yes/No Yes/No bbr To:

1.The Regional Manager, Reserve Bank of India, Fort St. Glacis, Chennai.

2.The Banking Ombudsman, Reserve Bank of India, Fort St. Glacis, Chennai.

3.The Assistant General Manager, Bank of India, No.120(Old No.174) Luz Church Road, Mylapore, Chennai-600 004.

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

bbr 25.09.2023