Muthulakshmi P v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.(MD) No.18076 of 2021 1.P.Muthulakshmi 2.S.Pandi ... Petitioners Vs.

The Authorized Officer, State Bank of India, Devadanapatti Branch - (02210), No.1-130, Madurai Road, Opposite Police Station, Main Road, Devadanapatti - 626 601, Theni District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned possession notice dated 20.10.2021 issued by the respondent under Section 13(4) of the SARFAESI Act read with Rules 8 & 9 of the Security Interest Enforcement Rules, 2002, quash the same and consequently direct the respondent bank to receive the accrued arrears if any with interest in one lumpsum and further to permit the petitioners herein to continue to pay the regular EMI as per schedule. For Petitioner : Mr.K.Appadurai

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioners challenging the possession notice, dated 20.10.2021, issued by the respondent under Section 13(4) of the SARFAESI Act read with Rules 8 & 9 of the Security Interest Enforcement Rules, 2002, and consequently to direct the respondent bank to receive the accrued arrears, if any, with interest in one lumpsum and further to permit the petitioners herein to continue to pay the regular EMI as per schedule. 1/3

2.Heard Mr.K.Appadurai, learned counsel for the petitioners. 3.Rightly, the petitioners have filed S.A.No.501 of 2021, on the file of the Debts Recovery Tribunal, Madurai. Since there is no Presiding Officer in the Debts Recovery Tribunal, Madurai, the petitioners have also filed this Writ Petition. It is known fact that due to the absence of the Presiding Officer, Debts Recovery Tribunal, Madurai, the matters of Debt Recovery Tribunal, Madurai, are being taken up by the Presiding Officer, Debts Recovery Tribunal, Coimbatore, once in a week i.e., on every Friday. The petitioners' application is also numbered as S.A.No.501 of 2021. Instead of moving the Debts Recovery Tribunal, Coimbatore, the petitioners have come to this Court and hence, the Writ Petition cannot be maintained before this Court.

4.At this juncture, the learned counsel for petitioners made a request that their case may be directed to be considered on 17.12.2021.

5.In view of the above circumstances, we only direct the Debts Recovery Tribunal, Coimbatore, to take up S.A.No.501 of 2021, on the file of the Debts Recovery Tribunal, Madurai, as a special case on 17.12.2021 and pass appropriate orders on merit. 6.The Writ Petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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.

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To

1. The Debts Recovery Tribunal, Coimbatore.

2. The Debts Recovery Tribunal, Madurai.

03.12.2021 sk(CO) TR(13.12.2021) 3P 3C 3/3