Durai Raj v. The Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.4976 of 2023 1.Durai Raj 2.D.Chandra ... Petitioners -vs1.The Chief Manager Indian Bank Zonal Office Trichirapalli District 2.The Branch Manager Indian Bank Arimalam Branch Pudukottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records relating to the demand notice dated 03.01.2023, issued by the respondent - bank and quash the same as illegal and arbitrary.

For Petitioners :

Mr.R.Suresh Kumar For Respondents :

Mr.R.Pandivel, Standing Counsel

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] We find that the challenge in this writ petition itself is to a notice issued under Sub-Section 2 to Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, "SARFAESI Act"). A notice, issued under Section 13(2) of SARFAESI Act, is only a demand notice, issuance of which by itself would not provide a cause of action for the debtor to challenge it. Hence, leaving it open to the petitioners to question any further action that may be taken by the respondent - Bank either under Section 13(4) or Section 14 of SARFAESI Act or under Rule 6 or Rule 8 of SARFAESI Rules, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 13.03.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.4976 of 2023 13.03.2023 (2/2)