Saroja. K v. Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN WP.(MD)No.15604 of 2023 K.Saroja .. Petitioner Vs.

1.The Authorised Officer, IDFC First Bank Ltd., 10th Floor, Quantum - Hiranandani Estate Central Avenue, Thane (W) Thane, Maharashtra 400 607 2.IDFC First Loan Centre, No.79/2 1st Floor, Bypass Road Madurai 625 010 .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari to call for the records relating to the impugned possession notice of the 1st respondent bank dated 12.06.2023 issued u/s. 13(2) of SARFAESI Act, r/w Rule 3 of Security Interests (Enforcement) Rules, 2002 quash the same as the same is arbitrary, illegal and ultravires, violation of the provisions of SARFAESI in respect of property comprised in R.S.No. 45/5 to an extent of 5 acres 5 cents situated at Iravanthanallur Village, Ganesh Nagar, Madurai South, Madurai.

For Petitioner : Ms.P.Vimala Devi

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] When the writ petition was taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition with liberty to approach the Debts Recovery Tribunal by Monday ie., on 03.07.2023. He has also made an endorsement to that effect. 2.In view of the submission and endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn. However, till the petitioner approaches the Debts Recovery Tribunal on 03.07.2023, status quo as on today shall be maintained. No costs. consequently connected Miscellaneous Petition is closed.

(R.S.K.,J.) (K.K.R.K.,J.) 30.06.2023 Index : Yes/No Internet : Yes RR To 1.The Presiding Officer, Debts Recovery Tribunal Madurai.

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR WP.(MD)No.15604 of 2023 30.06.2023