Mahali Mynthan v. The Regional Director

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.21070 & 22558 of 2022 Mahali Mynthan ... Petitioner -vs1.The Regional Director Reserve Bank of India Department of Non-Banking Supervision Fort Glacis, 16 Rajaji Salai Chennai-600 001 2.The Authorized Officer Tamil Nadu Industrial Investment Corporation Ltd., No.143, Cape Road Nagercoil, Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned order

passed by the second respondent dated 17.11.2022 and quash the same as illegal and consequently direct the second respondent to extend the period of time limit to remit the balance bid amount as per sale confirmation letter issued by the second respondent dated 23.09.2022 for the auction sale for purchase of primary machinery and for the purchase of collateral land measuring 10 Cents comprised in R.S.No.43/4, Mathusoothanapuram Village, Agastheeswaram Taluk, Kanyakumari District, on the basis of petitioner's representation made before the second respondent herein by RPAD dated 06.11.2022 and to issue sale certificate to the petitioner. For Petitioner :

Mr.B.Brijesh Kishore For Respondents :

Mr.R.Saravanan for R2

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The order, dated 17.11.2022, passed by the second respondent, 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 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 order, dated 17.11.2022 to the learned counsel for the petitioner, after obtaining due acknowledgement and retaining a copy of the same for file.

krk

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) Nos.21070 & 22558 of 20.12.2023