Sithick Raja S v. The Authorized Officer

W.P(MD)NO.21343 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.21343 OF 2021 and W.M.P(MD)Nos.17903 and 17904 of 2021 S.Sithick Raja :Petitioner/Petitioner .vs.

The Authorized Officer, Union Bank of India, No.80/c-13, Mariamman Kovil Street, Uthamapuram, Cumbum, Theni District.

:Respondent/Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned Possession Notice, dated 12.11.2021 issued by the respondent and to quash the same. For Petitioner :Mr.R.Vijayaraghavan For Respondent :Mr.V.S.Karthi

O R D E R

********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is filed seeking issuance of a Writ of Certiorari to quash the Possession Notice impugned herein, dated 12.11.2021 issued by the respondent.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The borrower is the Writ Petitioner, who has challenged the Possession Notice issued by the respondent under Section 13(4) of the SARFAESI Act, 2002.The Possession Notice reveals that the outstanding amount to be paid by the Petitioner is Rs.42,31,092.71/-. It is stated that the property which is brought to auction is a dwelling house and that the Petitioner is willing https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)NO.21343 OF 2021 to deposit Rs.10 lakhs within a period of four weeks from the date of receipt of a copy of this order and in default in the above said payment, it is open to the respondent/Bank to take action against the Petitioner, as per law.

4.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Authorized Officer, Union Bank of India, No.80/c-13, Mariamman Kovil Street, Uthamapuram, Cumbum, Theni District.

0RDER MADE IN W.P(MD)NO.21343 OF 2021 and W.M.P(MD)Nos.17903 and 17904 of 2021 02.12.2021 NSN(CO) GC(13.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2