Ramar.M v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.20586 & 20587 of 2023 W.P.(MD) No.26404 of 2022:

M.Ramar ... Petitioner -vs1.The Authorized Officer Bank of Baroda Zonal Office New No.41, Old No.101 1st Floor, Baroda Pride Luz Church Road Kabalithottam, Mylapore Chennai-600 004 2.The Authorized Officer Bank of Baroda Regional Office Ponmeni, Madurai District

3.The Chief Manager / Authorized Officer Bank of Baroda Sivakasi Branch Ayyan Complex Opposite to Sivakasi Bus Stand Sivakasi-626 123 Virudhunagar District 4.The Sub Inspector of Police East Police Station Sivakasi Virudhunagar District 5.S.Seenivasan 6.S.Pavithra ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned possession notice issued by the third respondent in Nil proceedings dated 21.10.2022 and quash the same as illegal and consequently direct the third respondent to close the loan account in No.33090500004892 and consequently to release the document mortgaged for the said loan. For Petitioner :

Mr.J.Jeyakumaran For Respondents :

Mr.B.Rajesh Saravanan for R1 to R3 Mr.M.Veerenthiran Government Advocate (Crl.Side) for R4 Mr.M.Ramkumar for R5 & R6

W.P.(MD) No.26405 of 2022:

M/s.Vel Flexi Packs rep.by its Partner M.Ramar (M/49) S/o.Madasamy Door No.6/1155D, Indira Nagar Narayanapuram road Sivakasi-626 189 Virudhunagar District ... Petitioner -vs1.The Authorized Officer Bank of Baroda Zonal Office New No.41, Old No.101 1st Floor, Baroda Pride Luz Church Road Kabalithottam, Mylapore Chennai-600 004 2.The Authorized Officer Bank of Baroda Regional Office Ponmeni, Madurai District 3.The Chief Manager / Authorized Officer Bank of Baroda Sivakasi Branch Ayyan Complex Opposite to Sivakasi Bus Stand Sivakasi-626 123 Virudhunagar District

4.The Sub Inspector of Police East Police Station Sivakasi Virudhunagar District 5.S.Seenivasan 6.S.Pavithra ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned possession notice issued by the third respondent in Nil proceedings dated 21.10.2022 and quash the same as illegal and consequently direct the third respondent to close the loan account in No.33090500004892 and consequently to release the document mortgaged for the said loan. For Petitioner :

Mr.J.Jeyakumaran For Respondents :

Mr.B.Rajesh Saravanan for R1 to R3 Mr.M.Veerenthiran Government Advocate (Crl.Side) for R4 Mr.M.Ramkumar for R5 & R6 C O M O N O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The possession notices, dated 21.10.2022, issued by the respondent - Bank, are sought to be quashed in the present writ petitions.

2. The writ petitions are not entertainable, since action was initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and if aggrieved, the petitioners are at liberty to approach the jurisdictional Debts Recovery Tribunal for redressal of their grievance. Granting fifteen days time from the date of receipt of a copy of this order to the petitioners to approach the jurisdictional Debts Recovery Tribunal, the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [V.L.N., J.] 20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note:

The Registry is directed to return the original possession notice, dated 21.10.2022, to the learned counsel for the petitioners, after obtaining due acknowledgement and retaining a copy of the same for file.

krk

To:

The Sub Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) Nos.20586 & 20587 of 20.12.2023