Dr.G.Rajaramanan v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023 CORAM :

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

Petitioner Vs.

1. The Regional Manager Reserve Bank of India Fort St. George, Chennai - 600 033.

2. The Banking Ombudsman Reserve Bank of India Fort St. George, Chennai.

3. The Authorized Officer State Bank of India Retail Assets Central Processing Centre MRC Nagar, Chennai 600 014.

4. The Authorized Officer State Bank of India Assets Recovery Management Branch No.44, Eldams Road, 1st Street Teynampet, Chennai - 600 018.

5. The Assistant General Manager State Bank of India RACPC No.50, AR Plaza, Mount Poonamallee High Road Iyyapanthangal, Chennai - 600 056.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records pertaining to the possession notice dated 03.11.2022 issued by the respondent Bank under Section 13(c) of the SARFAESI Act and quash the same. For the Petitioner : Mr.V.Mahathi Chari

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.Mahathi Chari, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the petitioner is assailing the notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002. The notice under Section 13(4) of the Act is not on record. Notice under Section 13(2) of the Act cannot be challenged. The petitioner can raise objection to the notice under Section 13(2) of the Act with the bank and the bank has to decide the said objection under Section 13(3A) of the Act before proceeding further.

3. Remedy is available before the Debts Recovery Tribunal to assail the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002.

4. In the light of that, the present writ petition stands disposed of with liberty to the petitioner to avail the alternate remedy available to him. In that event all contentions of the respective parties are kept open. There will be no order as to costs. Consequently, W.M.P.Nos.32685 and 32687 of 2023 are closed. (S.V.G., CJ.) (D.B.C., J.) 23.11.2023 Index :

Yes/No :

Yes/No drm To

1. The Regional Manager Reserve Bank of India Fort St. George, Chennai - 600 033.

2. The Banking Ombudsman Reserve Bank of India Fort St. George, Chennai.

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

(drm) 23.11.2023