Dasamuthu N v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).No.6889 of 2023 N.Dasamuthu ... Petitioner -Vs1. The Authorised Officer, M/s.Shriram Finance Ltd, Legal Department, Ramachandrapuram, Thennur, Trichy-620 017.

2. The Senior Manager / Branch Manager, M/s.Shriram City Union Finance Limited, Thangamayil Upstairs, Palani Road, Ottanchathiram, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari to calling for the Impugned Possession Notice issued by the first respondent dated 25.01.2023 U/s. 13(4) of the Securitization and

Reconstruction of 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 R-1 :

Mr.J.Barathan

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Counsel for petitioner seeks leave to withdraw the petition with liberty to approach the Debt Recovery Tribunal against the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act.

2. Writ Petition is dismissed as withdrawn with liberty as prayed for. If the appeal is filed within a period of two weeks from the date the order is uploaded, the delay if any shall be deemed to have been condoned. We hasten to

add that we have not expressed any opinion on the merits of the matter. There shall be no order as to costs. Consequently, the interim application is closed. [K.R.SHRIRAM., C.J.] [V.LAKSHMINARAYANAN,J.] 13.02.2025 NCC : Yes / No Index : Yes / No LR

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

LR 13.02.2025