M.Jayaraj v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)Nos.7441 & 24356 of 2023 M.Jayaraj ... Petitioner Vs.

1.The Branch Manager, Hudco Retail Finance Unit, 1st Floor, South West Wing, Corporation Main Building, Alagar Kovil Road, Madurai-625002.

2.The Authorized Officer / Senior Manager (S), Hudco Regional Office, 5th Floor, C.M.D.A. Tower-1, #1, Gandhi Irwin Road, Egmore, Chennai-600 008.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records pertaining to the possession notice issued by the 2nd respondent vide his proceedings in HUDCO/CRFU/IHLMDU-00287/2023, dated 17.03.2023 and quash the same. 1/3

For Petitioner : Mr.S.Balaji For R2 : M/s.Deepa Harigovind

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) This Writ Petition challenges the possession notice dated 17.03.2023 issued by the 2nd respondent. Possession notice is one of the steps taken pursuant to SARFAESI Act. If the petitioner has any grievance as against the proposed action of the Bank, the remedy is only before the jurisdictional Debts Recovery Tribunal not before the High Court by way of Writ Petition. Therefore, granting 15 days time to the petitioner to approach the jurisdictional Debts Recovery Tribunal, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneuos petitions are closed.

(S.M.S., J.) & (V.L.N., J.) 12.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 2/3

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

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