Prameela .C v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2812 of 2024 C.Prameela ... Petitioner -VsThe Authorized Officer, Under SAFAESI Act, 2002, Indian Bank, Ponnagar Branch, Tiruchirappalli.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 28.11.2023 requesting to keep the SARFAESI Act proceedings pursuant to the possession notice dated 08.11.2023 based on void sale deeds, until the final decision of the civil suit in O.S.No.67 of 2022 on the file of the III Additional District Court, Tiruchirappalli. For Petitioner : Ms.T.Banumathy

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed seeking for a direction to the respondent to consider the petitioner's representation dated 28.11.2023 requesting to keep the SARFAESI Act proceedings pursuant to the possession notice dated 08.11.2023 based on void sale deeds, until the final decision of the civil suit in O.S.No.67 of 2022 on the file of the III Additional District Court, Tiruchirappalli. 2.We are of the view that the petitioner has alternative remedy before the jurisdictional Debts Recovery Tribunal and without exhausting the said remedy, straight away filed this Writ Petition, which cannot be entertainable by this Court. Therefore, this Writ Petition is dismissed with liberty to the petitioner to approach the jurisdictional Debts Recovery Tribunal, if she is aggrieved. No costs.

[D.K.K., J.] & [R.V., J.] 09.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2812 of 2024 09.02.2024