Ravi.R v. The Chief Manager / Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.8464 of 2023 R.Ravi ... Petitioner -vsThe Chief Manager / Authorised Officer, Bank of Baroda, ROSARB, 1st Floor, Plot No.14, Door Nos.3, 4, 5, Sakthi Velammal 10th Street, S.S.Colony, Madurai-625 016.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the second possession notice dated 05.04.2023 issued by respondent bank and all other consequential proceedings are illegal and quash the same.

For Petitioner : Mr.C.Arunmozhi Rajashankar For Respondent : Mr.R.Pandivel

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The prayer in the writ petition is for issuance of a Writ of Certiorari, to call for the records relating to the second possession notice dated 05.04.2023 issued by respondent bank and all other consequential proceedings and quash the same as illegal.

2.

The learned counsel for the petitioner states that the petitioner has already moved the Debts Recovery Tribunal by filing SARFAESI application challenging the very same impugned proceedings.

3.

In view of the aforesaid submission, this Court finds no further adjudication is necessary in this writ petition. Hence, leaving it open to the petitioner to prosecute the SARFAESI application pending before the Debts Recovery Tribunal, this Writ Petition is dismissed. No costs. Connected miscellaneous petition is closed.

[S.S.S.R, J.] [D.B.C., J.] 17.08.2023 Index : Yes / No bala

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

bala 17.08.2023