A.Tharini v. The Reserve Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09/04/2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.B.BALAJI W.P.(MD)No.21312 of 2024 and WMP(MD) No.18041 of 2024 A.Tharini ... Petitioner Vs

1. The Reserve Bank of India, Represented by the Chief General Manager, Department of Regulation, Central Office, 2nd Floor, Main Office Building, Shahid Bhagat Singh Marg Fort, Mumbai 400001.

2. Cholamandalam Investment And, Finance Company Limited, Represented by its Authorized Officer, Chola Crest, C54-55 and Super B4, Thiru Vi Ka Industrial Estate, Guindy,Chennai.

3. Tata Aia Life Insurance Company Limited, Represented by its Authorized Officer, Claims Department,14th Floor, Tower A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel Mumbai 400013 ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of 1/4

India, praying this court to issue a Writ of Certiorari calling for the records relating to the impugned E-Auction sale notice dated 13.08.2024 under Rule 8(6) of the Security Interest (Enforcement) Rules 2002 read with Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and quash the same as illegal.

For Petitioner : Mrs.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents : Mr.P.Pethu Rajesh for R2 R1 and R3 unserved

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Considering the prayer sought, primarily, it is against respondents 2 and 3, who are private parties, and there is no relief sought against Reserve Bank of India. Therefore, we are not inclined to exercise our discretionary jurisdiction under Article 226 of the Constitution of India. 2/4

2. Petition is dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. (K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.) 09.04.2025 NCC : Yes/No Index : Yes/No RR 3/4

THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.

RR

ORDER

IN WP(MD) No.21312 of 2024 Date : 09/04/2025 4/4