Dr.M.Ashraf Ali v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2019

CORAM

THE HONOURABLE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.29856 of 2019 and W.M.P.Nos.29761 and 29764 of 2019 Dr.Ashraf Ali ...

Petitioner -Vs1.The Authorised Officer GIC Housing Finance Ltd Khivraj Complex-2, 2nd Floor No.480, Anna Salai, Opp.Nandanam Arts College, Nandanam,. Chennai-600 035.

2.GIC Housing Finance Ltd National Insurance Building, 6th Floor No.14, Jamshedji Tata Road Churchgate, Mumbai 400 020.

...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent e-auction sale notice dated 18.09.2019, which was published on 19.09.2019 in English Daily "Indian Express" and Vernacular Daily "Dinamalar" in fixing auction sale on 23.10.2019 as the debt is time barred debt and quash the said notice insofar as the property of the petitioner herein is concerned.

For Petitioner :

Mr.P.Rajendran

O R D E R

(Order of the court was made by The Hon'ble Acting Chief Justice) The present writ petition has been filed against the impugned e-auction sale notice dated 18.09.2019. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner has alternative remedy under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. In view of the alternative remedy available to the petitioner, the present writ petition is dismissed as not maintainable. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST W.P.No.29856 of 2019 SJ(CO) CB(27/11/2019) https://hcservices.ecourts.gov.in/hcservices/