S.Vijayalakshmi v. The State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2023 CORAM :

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

Petitioner Vs.

The State Bank of India Local Head Office, 3rd Floor No.16, College Lane Nungambakkam, Chennai - 600 006.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to set aside the impugned sale notice dated 25.08.2023 issued under Section 8(6) of the Securitisation and Reconstruction of financial Assets and Enforcement Security Interest Act, 2002 as arbitrary and unlawful and consequently direct the respondent not to take any action in pursuant to sale notice till the disposal of this writ petition and with liberty to grant time for this petitioner to settle the amount within the time frame. For the Petitioner : Mr.N.Balaji

ORDER

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

2. The present petition is filed challenging the sale notice.

3. The petitioner has the remedy before the Debts Recovery Tribunal against the action of the Bank in issuing sale notice and/or further steps, that may be taken by the Bank.

4. In the light of that, the writ petition stands disposed of with the liberty to the petitioner to avail the alternate remedy, as may be permissible under law. There will be no order as to costs. Consequently, W.M.P.No.29084 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 10.10.2023