P.Arthanari v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.38532 of 2024 P.ARTHANARI .. Petitioner Vs THE AUTHORIZED OFFICER AND DEPUTY GENERAL MANAGER SRIRAM FINANCE LIMITED NO.145, 3RD FLOOR, SANTHOME HIGH ROAD, MYLAPORE, CHENNAI - 600 004.

.. Respondent Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to possession notice dated 20.09.2024 issued u/s.13 (4) of the Act by the respondent and quash the same.

For Petitioner : Mr.M.Elango

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Admittedly, petitioner has an alternative remedy. Petitioner also admits he is a borrower and has not repaid the loan. Therefore, we are not inclined to exercise our discretionary jurisdiction under Article 226 of the Constitution of India.

2. Petition is dismissed. There shall be no order as to costs. Consequently, interim application is also dismissed. At this stage, counsel sought liberty to approach the Debts Recovery Tribunal. Petitioner may approach the Debts Recovery Tribunal. We express no opinion.

(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 27.11.2024 Index :

Yes/No NC :

Yes/No

sasi To:

THE AUTHORIZED OFFICER AND DEPUTY GENERAL MANAGER SRIRAM FINANCE LIMITED NO.145, 3RD FLOOR, SANTHOME HIGH ROAD, MYLAPORE, CHENNAI - 600 004.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(sasi)

27.11.2024