Madras High CourtWP(MD)/6538/2023dismissed

Lalitha .S v. The Authorised Officer

2025-02-12Honourable The Chief Justice,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/02/2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.(MD). No.6538 of 2023 S.Lalitha ...

Petitioner -vs1 The Authorised Officer, M/s. Shriram Finance Limited, Legal Department, Ramachandrapuram, Thennur, Trichy - 620017.

2 The Senior Manager / Branch Manager, M/s. Shriram City Union Finance Limited, Syndicate Bank Upstairs, No.73, R.S.Road, Nagal Nagar, Dindigul.

...

Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the impugned possession notice issued by the 1st respondent, dated 25.01.2023, U/s.13(4) of the Securitization and Reconstruction of the 1/4

Financial Assets and Enforcement of Security Interest Act, 2002, and Under Rule 8 (1) of the Security Interest (Enforcement) Rules, 2002, and quash the same as illegal.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.J.Barathan

ORDER

(Order of the Court was made by the Hon'ble The Chief Justice) Petitioner has an effective alternative remedy before Debts Recovery Tribunal. Writ is not maintainable. Writ Petition is dismissed, permitting petitioner to avail alternative remedy within two weeks.

2. Counsel for petitioner states that respondents should give a proper calculation as to how much the petitioner owed.

3. If appeal is filed within two weeks from the date the order is uploaded, delay, if any, shall be deemed to have been condoned.

4. Counsel for respondents states, detailed statement of outstanding for the period from the date loan was sanctioned till-date shall be made available to the petitioner before the end of this week. 2/4

5. Statement is accepted.

6. No costs. Consequently, the connected W.M.P.(MD) No. 6198 of 2023 is closed.

(K.R.SHRIRAM, C.J.) (V.LAKSHMINARAYANAN, J.) 12.02.2025 NCC : Yes/No Index : Yes/No dixit To 1 The Authorised Officer, M/s. Shriram Finance Limited, Legal Department, Ramachandrapuram, Thennur, Trichy - 620017.

2 The Senior Manager / Branch Manager, M/s. Shriram City Union Finance Limited, Syndicate Bank Upstairs, No.73, R.S.Road, Nagal Nagar, Dindigul.

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THE HON'BLE CHIEF JUSTICE AND V.LAKSHMINARAYANAN, J.

dixit WP(MD) No.6538 of 2023 Date : 12/02/2025 4/4