Petitioner challenged a return endorsement. The Court directed the second respondent (Bank) to furnish a copy of the Section 13(2) demand notice dated 14.03.2019 within one week and issue the notice immediately.
Petitioner directed to approach the bank to get the notice within one week; bank to issue the 13(2) demand notice immediately.
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W.P(MD)No.25796 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.25796 of 2022 and
W.M.P(MD)Nos.19933 & 19934 of 2022
T.Senthilkumar
... Petitioner
vs.
1.The Registrar,
Debts Recovery Tribunal, IV Floor, Kalyani Tower, Melur Road, Madurai.
2.The Authorised Officer, Indian Bank, SAM Small Branch, 100-101, East Avani Moola Street, Madurai – 625 001. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned return endorsement of the first respondent, dated 04.11.2022 made in S.A.SR.No.5481 of 2022 and quash the same and consequently, direct the first respondent to number S.A.SR.No.5481 of 2022 and hear the same on merits and in accordance with law.
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W.P(MD)No.25796 of 2022
For Petitioner : Mr.S.Xavier Rajini For R - 2 : Mr.Pala.Ramasamy
ORDER
(Order of the Court was made by R.MAHADEVAN, J.)
Challenging the impugned return endorsement passed by the first respondent in S.A.SR.No.5481 of 2022, dated 04.11.2022, the petitioner has filed the present Writ Petition.
2.Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner already approached the second respondent / Bank to furnish the copy of the 13(2) demand notice, dated 14.03.2019, however, till date, it has not been issued. Thus, he submitted that it is suffice, if a direction is issued to the second respondent to issue copy of the demand notice issued under Section 13(2) of the Act.
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W.P(MD)No.25796 of 2022
3.In view of the above, the petitioner is directed to approach the second respondent / Bank to furnish a copy of the 13(2) demand notice, dated 14.03.2019, within a period of one week from the date of receipt of a copy of this order. On doing so, the second respondent is directed to issue 13(2) demand notice, as early as possible.
4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
[R.M.D.,J.] & [J.S.N.P.,J.] 15.11.2022
Index : Yes / No Internet : Yes ps To
1.The Registrar, Debts Recovery Tribunal, IV Floor, Kalyani Tower, Melur Road, Madurai.
2.The Authorised Officer, Indian Bank, SAM Small Branch, 100-101, East Avani Moola Street, Madurai – 625 001.
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W.P(MD)No.25796 of 2022
R.MAHADEVAN,J.
and
J.SATHYA NARAYANA PRASAD,J.
ps
ORDER MADE IN W.P(MD)No.25796 of 2022
15.11.2022
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1 issue framed by the court
Whether to issue a direction to the bank to furnish the copy of the Section 13(2) demand notice dated 14.03.2019 which was not issued.
2 provisions across 2 enactments
T.Senthilkumar
The Registrar, Debts Recovery Tribunal, Madurai
The Authorised Officer, Indian Bank, Madurai
R. MAHADEVAN
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
