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Madras High CourtWP(MD)/4077/2022dismissed

M/S. Ksk Traders v. The Authorized Officer

2022-03-08Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy2 pages

W.P(MD)No. 4077 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No. 4077 of 2022 and W.M.P.(MD) No. 3483 of 2022 M/s.KSK Traders, Rep. by Prop. R.Suresh.

.. Petitioner Vs 1.The Authorized Officer, State Bank of India, Door No. 2A & 2B, R.K. & K.K.Commercial Building, Trichy Road, Turaiyur Town & Taluk, Trichy District - 621 010.

2. The Branch Manager, State Bank of India, Door No. 2A & 2B, R.K. & K.K.Commercial Building, Trichy Road, Turaiyur Town & Taluk, Trichy District - 621 010.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned E-Auction Sale Notice dated 03.02.2022 issued by the first respondent and to quash the same as contrary to the mandatory requirements of the SARFAESI Act and the Security Interest (Enforcement) Rules - 2002 and consequently direct the respondents not to take any further action against my property in furtherance of the impugned E-Auction Sale Notice dated 03.02.2022, either by trying to dispossess the petitioner or sell the same or any other act, which will detrimental to his right and interest.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.T.Govindasamy for R1 and R2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No. 4077 of 2022

ORDER

[Made by PARESH UPADHYAY, J.] The grievance voiced in this petition can very well be agitated before the Debts Recovery Tribunal. This petition therefore need not be entertained on that account. We have not examined the merits of the matter.

2.

This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition would not survive. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn Copy to:

The Section Officer,E.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.R.SREENIVASAN,Advocate(SR-11337[F] dated 10/03/2022 ) +1 CC to M/s.T.GOVINDASAMY,Advocate ( SR-10709[F] dated 08/03/2022 ) W.P(MD)No. 4077 of 2022 08.03.2022 MGJ(23.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2