Sumathi N v. M/S. Bank Of Baroda

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.4877 of 2023 N.Sumathi ... Petitioner -vs1.M/s.Bank of Baroda rep.through its Authorized Officer Backialakshmi Pacheri Branch 1/76, Sivagangai Main Road Pacheri Village, Kaloorani P.O.

Sivagangai Taluk, Sivagangai District 2.M/s.Krish Electronic Inc.

Prop.K.Venkatesan B1, Kings Court, Vaibow Apartments Balaji Street, Gandhi Nagar Madurai-625 020 3.K.Venkatesan 4.K.Sasikumar 5.Nagalatha ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring the measures taken by the first respondent under sub-section (1) & (2) of section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in respect of the property in Door No.2/121 A in Survey No.494/6 (old Survey No.99) in Patta No.721, extent of land 3325 Sq.FSt. in Patcheri Village, Sivagangai Taluk, Sivagangai District, as ultra vires of the said Act and Security Interest and (Enforcement) Rules, 2002 and illegal. For Petitioner :

Ms.G.Dhanalakshmi For Respondents :

Mr.P.Pethu Rajesh, Standing Counsel

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The facts disclose that the petitioner has been propped up by the borrower only to delay the sale proceedings. The borrower has already approached this Court thrice and this Court has passed conditional orders. None of the conditional orders have been complied with by the borrower. Hence, we do not see any merit in this writ petition.

2. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 10.03.2023 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.4877 of 2023 10.03.2023