S.Murugan, v. The Chief Manager &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P.(MD)No.8788 of 2017 and WMP (MD) Nos.6744 to 6746 of 2017 S.Murugan .. Petitioner Vs.

1.The Chief Manager & Authorised Officer, Bank of India, Asset Recovery Department Star House, 324 Oppanakara Street, Coimbatore.

2.The Branch Manager, Bank of India Iyer Bungalow Branch Iyer Bungalow, Madurai-625 017 .. Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the possession notice dated 14.03.2017 and Notice of sale No.ZO/CBE/ARD/SARFAESI/2016-17/XXVI/008 dated 31.03.2017 issued by the 1st respondent and quash the same. For Petitioner : Mr.K.Seemaraj For Respondents : Mr.Pala Ramasamy

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This writ petition has been filed challenging the possession notice dated 14.03.2017 and Notice of sale No.ZO/CBE/ARD/SARFAESI/ 2016-17/XXVI/008 dated 31.03.2017 issued by the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. It is seen that this petitioner is challenging the possession notice issued by the 1st respondent under SARFAESI Act. Since there is an alternative and efficacious remedy provided before the Debts Recovery Tribunal, this petition is devoid of https://hcservices.ecourts.gov.in/hcservices/

merits. Accordingly, this petition is dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To 1.The Chief Manager & Authorised Officer, Bank of India, Asset Recovery Department Star House, 324 Oppanakara Street, Coimbatore.

2.The Branch Manager, Bank of India Iyer Bungalow Branch Iyer Bungalow, Madurai-625 017 +One cc to Mr.K.Seemaraj, Advocate, SR.No.55612 +1CC TO Mr.Pala Ramasamy, Advocate, sr no.56699 RR RL/4C/2P/MR/SAR3/11.5.2017 ORDER MADE IN W.P.(MD)No.8788 of 2017 and WMP (MD) Nos.6744 to 6746 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/