Madras High CourtWP(MD)/17304/2023dismissed

Muthukrishnan.B v. The Regional Director

2023-07-18Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.17304 of 2023 and W.M.P(MD)No.14486 of 2023 B.Muthukrishnan ... Petitioner Vs.

1.The Regional Director, Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai - 600 001.

2.The Karur Vysya Bank, Rep. by its Authorized Officer, Asset Recovery Management Branch, R.S.No.170/7, Uthangudi, Near Mattuthavani Bus Stand, Madurai - 625 107.

3.The Manager, Karur Vysya Bank, Thenur, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records 1/4

pertaining to Sale Notice dated 22.06.2023 issued by the 2nd respondent and quash the same and consequently direct the second respondent to permit the petitioner to settle his entire loan amount in instalments fixed by this Hon'ble Court.

For Petitioner :Mr.R.Murugappan For R-1 & R-3 :Mr.V.Sugumar, Standing Counsel ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 2 and 3.

2. This writ petition has been filed by the petitioner, challenging the Sale Notice issued by the second respondent and to direct the second respondent, dated 22.06.2023 and to permit the petitioner to settle his entire loan amount in instalments to be fixed by this Court. 2/4

3. Since the petitioner has got an effective alternative remedy before the Debts Recovery Tribunal, this Court is not inclined to entertain this writ petition.

4. Therefore, the writ petition is dismissed preserving liberty to the petitioner to approach the Debts Recovery Tribunal for appropriate relief. No Costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [D.B.C., J.] 18.07.2023 Index : Yes / No NCC : Yes/No pm 3/4

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm W.P(MD)No.17304 of 2023 18.07.2023 4/4