A.Niveda v. Reserve Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2024 CORAM :

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

1. A.Nivea

2. A.Sweththa ..

Petitioners Vs.

1. Reserve Bank of India Fort Glacis, 16, Rajaji Road Fort St. George, Chennai Tamil Nadu 600 001.

2. Indian Bankers Association 6th Floor, World Trade Centre 1 Building, World Trade Centre Complex Cuffe Parade, Mumbai 600 005.

3. M/s. HDFC Bank Limited HDFC Bank House Senapathi Bapat Marg Lower Parel (West), Mumbai 600 031.

4. The Manager SME Division LAP, 1171&2, Ground Floor Sathy Road, Ganapathy Housing Unit Athipalayam Pirivu, Coimbatore 641 006.

5. Authorised Officer Classic Towers, 1547, Trichy Road Coimbatore 641 018.

6. Serious Fraud Investigation Office Corporate Bhawan Ground Floor, No.29, Rajaji Salai Chennai 600 001.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the 5th respondent to consider and reply in writing to the petitioners representations dated 07.07.2023 and 09.08.2023 in accordance with law. For the Petitioner : Mr.B.Ravi Raja For the Respondents : Mr.C.Mohan For M/s. King & Patridge for Respondent-1 Mr.S.Krishnaa For M/s. Acuity Law Associates for Respondents 3 to 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.Ravi Raja, learned counsel for the petitioners, Mr.C.Mohan, learned counsel for the first respondent,

Mr.S.Krishnaa, learned counsel for the respondents 3 to 5.

2. Learned counsel for the petitioners submits that the respondent bank claims that the father of the petitioners has obtained loan. The petitioners are not aware of any of the transaction. Action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been undertaken by the bank. The petitioners are asking for the documents of mortgage/loan.

3. It is submitted that the documents have been provided. But, some of the copies are not legible.

4. Learned counsel for the respondent bank submits that the bank would provide all the documents available with them in respect of the loan transaction of the father of the petitioner and the bank, within a period of two weeks.

5. In view of the said statement, the writ petition stands

disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.30332 and 30333 of 2023 are closed. (S.V.G., CJ.) (D.B.C., J.) 15.02.2024 Index :

Yes/No :

Yes/No kpl To

1. Reserve Bank of India Fort Glacis, 16, Rajaji Road Fort St. George, Chennai Tamil Nadu 600 001.

2. M/s. HDFC Bank Limited HDFC Bank House Senapathi Bapat Marg Lower Parel (West), Mumbai 600 031.

3. The Manager SME Division LAP 1171&2, Ground Floor Sathy Road, Ganapathy Housing Unit Athipalayam Pirivu, Coimbatore 641 006.

4. Authorised Officer Classic Towers, 1547, Trichy Road Coimbatore 641 018.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 15.02.2024