Jeyapal.S v. The Authorised Officer, Bank Of Baroda

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.21002, 21004, 21005, 21006, 21007, 21008, 21009, 21011, 21013 & 21015 of 2022 S.Jeyapal ... Petitioner -vs1.The Authorised Officer Bank of Baroda Kamagoundapatti Theni District 2.S.Joseph Patric 3.R.Gnanam Jancy Rani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent starting from demand notice dated 10.07.2015 ending with sale, quash the same and in consequence thereon quash the sale confirmation and issue of the sale certificate.

For Petitioner :

Mr.S.Rengasamy For Respondents :

Mr.B.Rajesh Saravanan for R1 Dr.S.Diraviam Dinesh for M/s.Dinesh Law Chambers for R2 & R3

O R D E R

[Order of the Court was made by V.LAKSHMINARAYANAN, J.] This writ petition challenges the notice, dated 10.07.2015, issued by the first respondent, under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, "SARFAESI Act").

2. A notice issued under Section 13(2) of the SARFAESI Act is in the nature of the show cause notice calling upon the party to pay the amount dues. As against such proceedings, writ petition is not maintainable.

3. Further, the petitioner seeks to challenge the order passed by the learned Chief Judicial Magistrate, Theni, under Section 14 of the SARFAESI Act.

4. An order passed under Section 14 or any other measure initiated under Section 13(4) of the SARFAESI Act has to be challenged by way of appeal under Section 17 of the SARFAESI Act before the jurisdictional Debts Recovery Tribunal.

5. Hence, granting fifteen days time from the date of receipt of a copy of this order to the petitioner to approach the jurisdictional Debts Recovery Tribunal, this writ petition is 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 krk To:

The Chief Judicial Magistrate, Theni.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) Nos.21002, 21004, 21005, 21006, 21007, 21008, 21009, 21011, 21013 & 21015 of 2022 20.12.2023