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Madras High CourtWP/2975/2024disposed of

Venkataraman G v. The Registry

2024-02-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024 CORAM :

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

Petitioner Vs.

1. The Registry Debts Recovery Tribunal III Chennai 6th Floor, Additional Office Building Shastri Bhavan, Nungambakkam Chennai - 600 006.

2. The Authorised Officer Canara Bank, Mylapore Branch 27/28 Dowlani Towers R.K.Salai, Mylapore Chennai - 600 004.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to number the SA Diary No.5100 of 2023 and list the same before the P.O. for a decision on merits on the simple question of the sale notice having been served on the petitioner to the correct address and his father and that the prayer filed is maintainable.

For the Petitioner : Ms.Gajalakshmi Karan

ORDER

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

2. Learned counsel for the petitioner submits that the petitioner has filed a Securitisation Application on 26.10.2023 before the Debts Recovery Tribunal - III, Chennai, however, the same is not yet numbered. The petitioner is challenging the action of the Bank undertaken under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal.

3. We are not aware whether the Securitisation Application has objections or otherwise. In case there are no objections and there are no other impediments, then the concerned Debts Recovery Tribunal may register the Securitisation Application. If there are any objections, the same shall be notified to the petitioner and it is for the petitioner to remove the same.

4. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consquently, W.M.P.No.3240 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 09.02.2024 Index :

Yes/No :

Yes/No drm To

1. The Registry Debts Recovery Tribunal III Chennai 6th Floor, Additional Office Building Shastri Bhavan, Nungambakkam Chennai - 600 006.

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

(drm) 09.02.2024