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Madras High CourtWP(MD)/2047/2019dismissed

K.Fathima Beevi, v. Authorized Officer,

2019-02-18Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition (MD)No.2047 of 2019 and W.M.P.(MD).No.1655 of 2019 K.Fathima Beevi .. Petitioner Vs.

Authorized Officer, State Bank of India, RASMECCC, Zonal Office, No.2, Ambedkar Road, Madurai - 625 002.

..Respondent Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, call for the records pertaining to the alleged of Demand notice under Section 13(2) dated 06.05.2016 and the impugned Possession Notice dated 27.09.2018 issued under Section 13(4) SARFEASI Act, 2002, read with Rule 8(1) of SARFEASI Rule and the consequential impugned Eauction sale notice dated 08.01.2019 of the proposed sale on 13.02.2019 under SARFAESI Act issued by the respondent under Rule 6(2) and Rule 8(6) and quash the same as illegal. For Petitioner :Mr.P.Krishnasamy

ORDER

[Order of the Court was made by K.KALYANASUNDARAM, J] This writ petition has been filed, challenging the demand notice, dated 06.05.2016, issued by the respondent Bank under Section 13(2) of the SARFAESI Act and the impugned Possession Notice, dated 27.09.2018, issued under Section 13(4) of the SARFEASI Act and the consequential E-auction sale notice dated 08.01.2019, issued under Rule 6(2) and 8(6) of the Security Interest (Enforcement) Rules, 2002.

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2.Heard both sides and perused the materials on record. 3.In view of the decisions of the Honourable Supreme Court reported in (2010) 8 Supreme Court Cases 110 (United Bank of India Vs Satyawati Tondon and Others) and reported in (2018) 1 Supreme Court Cases 626 (Agarwal Tracom Private Limited Vs Punjab National Bank and Others), this writ petition is dismissed with liberty to the petitioner to approach the appropriate forum. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To Authorized Officer, State Bank of India, RASMECCC, Zonal Office, No.2, Ambedkar Road, Madurai - 625 002.

vs Writ Petition (MD)No.2047 of 2019 and W.M.P.(MD).No.1655 of 2019 18.02.2019 KM/(20.03.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/