Moses.M v. The State Bank Of India

W.P(MD)No.7365 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7365 of 2022 W.M.P.(MD) No.5587 of 2022 M.Moses .. Petitioner Vs 1.The State Bank of India Rep. by its Authorised Officer, Stressed Asset Recovery Branch, Madurai.

2.The State Bank of India, Rep by its Branch Manager, Tiruverumbur Branch, Tanjore Main Road, Tiruchirappalli - 620 013.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent pertaining to its Possession notice dated 06.10.2021 and to quash the same and consequently direct the respondents to accept the OTS proposal dated 30.11.2020 given by the first respondent. For Petitioner :

Mr.S.Sathish Kumar For Respondents :

Mr.P.Pethurajesh

ORDER

(Made by R.VIJAYAKUMAR,J.) 1.

The present writ petition is being filed challenging the possession notice issued under Rule - 8(1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The said notice was issued on 06.10.2021. 2.

According to learned counsel for the petitioner, the petitioner is ready for one time settlement (OTS) based upon his representation dated 06.10.2021.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7365 of 2022 3.

Learned Standing Counsel for the respondent bank submitted that OTS proposal was breached by the writ petitioner twice, despite being extended on two occasions.

4.

We do not find any merits in the Writ Petition. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition would not survive.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sj/11 +1 CC to M/s.P. PETHU RAJESH, Advocate ( SR-19800[F] dated 20/04/2022 ) W.P(MD)No.7365 of 2022 20.04.2022 RK(26/04/2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2