Sadham Hussain.A v. The Authorised 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) No.21053 of 2022 A.Sadham Hussain ... Petitioner -vs1.The Authorised Officer HDB Financial Services Limited 2 and 4 Floor Hamalatha Mansion 7-1-397/111 and 112, SR Nagar Hyderabad-500 038 Talangana State 2.The Authorised Officer HDB Financial Services Limited No.2, Third Floor, M.S.Tower Convent Road (Near DJ Automobiles) Cantonment Trichy-620 001 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for records relating to the impugned possession notice dated 29.11.2021, of the first respondent and quash the same. For Petitioner :

Mr.M.Sheik Abdullah For Respondents :

No appearance

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The possession notice, dated 29.11.2021 issued by the respondent - Bank, is sought to be quashed in the present writ petition.

2. The writ petition is 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 petitioner is at liberty to approach the jurisdictional Debts Recovery Tribunal for redressal of his grievance. 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, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [V.L.N., J.] 20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) No.21053 of 2022 20.12.2023