M. Ramar v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE A.D.MARIA CLETE M.Ramar : Petitioner Vs.

1.The Authorized Officer, Bank of Baroda, Zonal Office, New No.41 Old No.101, 1st Floor, Baroda Pride, Luz Church Road, Kabali Thottam, 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, 1/4

Ayyan Complex, Opposite to Sivakasi Bus Stand, Sivakasi - 626 123.

Virudhunagar District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the third respondent to accept the payment made by the petitioner and to close the Loan Account Nos.33090500004923, 33090500004892, 33090600011754 without any penal or other interest and charges following the order of this Court in W.P.(MD)No.16150 of 2022 dated 22.07.2022 and consequently direct the third respondent to release the document mortgaged for the said loan. For Petitioner : Mr.S.Bilal For Respondents : Mr.Pethu Rajesh Standing Counsel

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2/4

2.This writ petition has been filed for a Mandamus to direct the third respondent to accept the payment made by the petitioner and to close the Loan Account Nos.33090500004923, 33090500004892, 33090600011754 without any penal or other interest and charges following the order of this Court in W.P. (MD)No.16150 of 2022 dated 22.07.2022 and consequently to direct the third respondent to release the document mortgaged for the said loan.

3.When an alternate and efficacious remedy is provided under the SARFAESI Act, to approach the Debts Recovery Tribunal, this Court is not inclined to entertain this Writ Petition. 4.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

[M.S.R.,J.] & [A.D.M.C.,J.] 03.12.2024 Index : Yes/No Internet : Yes/No MR 3/4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 03.12.2024 4/4