Sunny Mon Arokiam @ Sanny v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP(MD)No.19561 of 2021 Sunny Mon Arokiam @ Sanny ... Petitioner vs.

1) The Authorized Officer, Regional Office, First Floor YMCA Building, Oppo Astoria Hotels, 70 Feet Road, Ellis Nagar, Madurai-625 016.

2) The Branch Manager, Marthandam Branch, Kanyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Symbolic Possession Notice dated 29.09.2021 issued by the 1st respondent and to quash the same as contrary to the mandatory requirements of the SARFAESI Act and the Security Interest (Enforcement) Rules 2002 and consequently direct the respondents not to take any further action against the petitioner's property in furtherance of the Impugned Symbolic Possession Notice dated 29.09.2021, either by trying to dispossess him or sell the same or any other act, which will be detrimental to the petitioner's right.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.R.Pandivel, Standing Counsel

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) By this writ petition, a challenge is made to the symbolic possession notice issued under Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security 1/3

Interest Act, 2002 [hereinafter 'the Act' for brevity] read with Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. 2.

The petitioner is having remedy of appeal under Section 17 of the Act, but without maintaining an appeal before the Debts Recovery Tribunal [hereinafter 'DRT' for brevity], this writ petition has been filed. The precise reason for filing of this writ petition is the absence of the Presiding Officer at DRT, Madurai. The petitioner has already filed S.A.No.485 of 2021 before DRT, Madurai.

3.

As already an appeal is filed and numbered before DRT, Madurai, the petitioner prays for withdrawal of the writ petition with liberty to move the appeal before the DRT, Coimbatore. 4.

As the aforesaid appeal is already filed and pending, DRT, Madurai, is directed to transmit the matter to DRT, Coimbatore, for hearing of the appeal on 07.01.2022.

5.

The writ petition is disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (WRITS) // True Copy // / /2022 Sub Assistant Registrar(CS) bala TO 1.The Preciding Officer, Debt Recovery Tribunal, Madurai.

2.The Preciding Officer, Debt Recovery Tribunal, Coimbatore.

3.The Authorized Officer, Regional Office, First Floor YMCA Building, Oppo Astoria Hotels, 70 Feet Road, Ellis Nagar, Madurai-625 016.

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4.The Branch Manager, Marthandam Branch, Kanyakumari District.

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-55[F] dated 03/01/2022 ) DATED : 03.01.2022 AP (21.01.2022) 3P 6C 3/3