Sri.V.K.N.Kannappan @ Narayanan v. The Authorised Officer

W.P(MD)No.16279 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.16279 of 2020 and WMP(MD)No.13607 of 2020 Sri. V.K.N. Kannappan @ Narayanan ... Petitioner vs.

1) The Authorised Officer, Indian Bank, Thillai Nagar Branch, 5-C, Balaji Arcade, 10B, Cross West Thillai Nagar, Trichy-620 018.

2) The Chief Manager, Indian Bank, Thillai Nagar Branch, 5-C, Balaji Arcade, 10B, Cross West Thillai Nagar, Trichy-620 018.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the sale notice dated 09.10.2020 issued by the respondents and quash the same and consequently to direct the 2nd respondent to re-credit the amount paid by the petitioner by way of transfer from VKN Fuels Account to VKN Shot Blasting Industries account with the 2nd respondent bank, together with interest. For Petitioner : Mr.P.Thirumahilmaran For Respondents : Mr.Joyesh B.Dolia

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is directed against the sale notice dated 09.10.2020, issued by the respondent bank. 2.

At the time of admission, there was a conditional order passed by this Court to deposit a sum of Rs.20 Lakhs before the respondent bank, within a period of three weeks and the said order https://hcservices.ecourts.gov.in/hcservices/ Page 1/2

W.P(MD)No.16279 of 2020 was passed on 11.11.2020. Even after more than year's time, the petitioner does not seemed to have settled the matter. Hence, we see no reason to keep the matter pending. Even otherwise, the writ petition is not maintainable before this Court, when the remedy is under Section 17 of the SARFAESI Act, 2002, before the Debt Recovery Tribunal, Madurai.

3.

Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To

1) The Authorised Officer, Indian Bank, Thillai Nagar Branch, 5-C, Balaji Arcade, 10B, Cross West Thillai Nagar, Trichy-620 018.

2) The Chief Manager, Indian Bank, Thillai Nagar Branch, 5-C, Balaji Arcade, 10B, Cross West Thillai Nagar, Trichy-620 018.

+1 CC to M/s.P.THIRUMAHILMARAN, Advocate (SR-39168[F] dated 16/12/2021) W.P(MD)No.16279 of 2020 DATED : 14.12.2021 NSN(CO) SB(28.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2