Venkatesh.N v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.26398 and 26399 of 2023 N.Venkatesh ... Petitioner Vs.

1.The Secretary, Ministry of Finance, Department of Economic Affairs, Room No.272, New Delhi - 110 001.

2.The Learned Banking Ombudsman, C/o.Reserve Bank of India, Fort Glacis, Chennai - 600 001.

3.The General Manager, Bank of India, Star House II, 8th Floor, Plot C-4, "G" - Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051.

4.The Zonal Manager, Bank of India, Sri Ram Complex, 4th Iyer Bungalow, Madurai - 625 014.

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5.The Chief Manager, Bank of India, Chairman Shanmuga Nadar Road, Sivakasi, Virudhunagar District - 626 123.

6.The Chief Manager, Bank of India, Zonal Office, Coimbatore.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records connected with the impugned possession notices dated 01.02.2016 issued by the 5th respondent and consequential e-auction sale notice dated 04.12.2023 issued by the 6th respondent bank and quash the same as illegal For Petitioners : Mr.B.Balasubramanian For Respondents : Mr.H.Velavadhas Central Government Standing Counsel Mr.M.Senthilkumar for R3 to R5

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The challenge made in this Writ Petition is the possession notice, which is one of the actions contemplated under Section 13(4) of the SARFAESI Act. 2/4

2. The remedy for the petitioner is to file an appeal under Section 17 of SARFAESI Act before the Debts Recovery Tribunal. When an effective alternative remedy is available and when the Tribunal is also functioning as on today, we are not inclined to exercise the discretionary jurisdiction under Article 226 of the Constitution of India.

3. Accordingly, the Writ Petition stands dismissed. However, fifteen days time is granted to the petitioner from the date of receipt of a copy of this order to approach the jurisdictional Debts Recovery Tribunal. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. (S.M.S., J.) & (V.L.N., J.) 21.12.2023 NCC : Yes / No Index : Yes / No SJ 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 21.12.2023 4/4