Deepak Kumar Bhatia v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Deepak Kumar Bhatia ...

Petitioner Vs 1.The Presiding Officer DRT-II Chennai 6th Floor Additional Office Building Shastri Bhavan Haddows Road Nungambakkam Chennai - 600006.

2.Indian Overseas Bank Represented by its Authorised Officer Esplanade Branch 6 Chennai House Esplanade Chennai - 600108.

3.M/s.DRA Industries Ltd No. 106 3rd Floor Door No. 423 and 424 Ten Square Mall, Inner Ring Road, Jawaharlal Nehru Salai Koyambedu Chennai - 600 107.

...

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent/DRT -II Chennai Bench to take the Securitisation Application Challenging the Possession Notice under Section 13(4) of the Act dated 08.02.2022 on the file of the 2nd respondent with respect to the property of the Petitioner situated at Flat No.A-1, Samarpan Apartments, Landons Road, Chennai - 600 010 by condoning the delay of 188 days in filing the section 17(1) application.

For Petitioner :

Mr.K.Jayasudha For Respondents :

Mr.V.Kadhirvelu, for the second respondent

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking for a Writ of Mandamus directing the first respondent to take the Securitisation Application challenging the possession notice issued under Section 13(4) of the Act, dated 08.02.2022, on the file of the 2nd respondent, with respect to the property of the petitioner situated at Flat No.A-1, Samarpan Apartments, Landons Road, Chennai, by condoning the delay of 188 days in filing the section 17(1) application.

2. The prayer sought for in the writ petition is untenable. When the petitioner has got an effective alternate statutory appeal before the Debt Recovery Appellate Tribunal, approaching this Court directly is unacceptable. This writ petition is therefore dismissed. No costs. The petitioner is at liberty to workout his remedy in the manner known to law.

(T.R., ACJ.) (D.B.C., J.) 12.12.2022 Index: Yes/No tar To 1.The Presiding Officer DRT-II Chennai 6th Floor Additional Office Building Shastri Bhavan Haddows Road Nungambakkam Chennai - 600006.

2.Authorised Officer Indian Overseas Bank Esplanade Branch 6 Chennai House Esplanade Chennai - 600108.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 12.12.2022