G.Parthiban v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023 CORAM :

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

Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal Chennai 7th Floor, Additional Office Buildings Shastri Bhavan, Haddows Road Chennai - 600 006.

2. The Authorised Officer Axis Bank Ltd., Retails Asset Centre 4th Floor, Arcot Road New No.38, Old No.165, Arcot Road Kodambakkam, Chennai 600 024.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the Presiding Officer in S.R.No.15083 of 2023 in S.A.No.584 of 2023 by the DRT-III, Chennai in order dated on 09.11.2023 and to quash the same to imposing the conditions exceeding 50% of the "Debt due" as per the SARFAESI Act, 2002.

For the Petitioner : Ms.V.Archana

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.V.Archana, learned counsel for the petitioner.

2. The order impugned in the present petition could be assailed before the Debt Recovery Appellate Tribunal.

3. In the light of that, we are not inclined to entertain the present writ petition. The writ petition, as such, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The Presiding Officer Debts Recovery Tribunal Chennai 7th Floor, Additional Office Buildings Shastri Bhavan, Haddows Road Chennai - 600 006.

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

(drm) 15.12.2023