P.V.R.S.Mani Kumar v. Indian Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2019

CORAM

THE HONOURABLE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.30187 of 2019 and W.M.P.No.30157 of 2019 P.V.R.S.Mani Kumar Petitioner

Versus

1. Indian Bank, No.812, 1st Floor, E.V.R.Periyar High Road, Chennai 600 010.

2. Encore Asset Reconstruction Company Pvt. Ltd., 15th Floor, Eros Corporate Towers, Nehru Place, New Delhi 110 019.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 2nd respondent relating to recovery measures taken by 2nd respondent under the provisions of SARFAESI Act, 2002 including the possession notice dated 29.8.2019 (EARC/19-20/50/KC) which is initiated against the petitioner herein and quash the same.

For petitioner : Mr.T.V.Suresh Kumar

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, ACJ.) In view of the alternative remedy available to the Petitioner under Section 17 of the Act, against the measures taken by the Respondent Bank under the SARFAESI Act, we are not inclined to interfere with the same. Accordingly, the Writ Petition is dismissed. No costs. The connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

ssk.

To:

Indian Bank, No.812, 1st Floor, E.V.R.Periyar High Road, Chennai 600 010.

+2ccs to M/s.Genicon and Associates , Advocate SR.No. 88866 W.P.No.30187 of 2019 A.SK(12/11/2019) https://hcservices.ecourts.gov.in/hcservices/