Disposed

Maruthaiyammal. S v. The Authorized Officer

Madras HC22 Dec 2022WP(MD)/28859/2022

Case brief

AI extract

What is this about?

On the petition for a writ of Certiorari and Mandamus to quash a sale notice under S. 2002 read with rule 8(6) of the Security Interest (Enforcement) Rules 2022, granting liberty to approach the Debts Recovery Tribunal before deciding on the merits. No costs awarded.

What did the court decide?

Liberty to work out remedy before the Debts Recovery Tribunal, Madurai. Consequently, connected miscellaneous petition closed. No costs.

Maruthaiyammal. S Vs The Authorized Officer — Contract and Commercial Disputes | Madras HC (2022)

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W.P.(MD) No.28859 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD) No.28859 of 2022 and W.M.P.(MD)No.22830 of 2022

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S.Maruthaiyammal ... Petitioner

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Vs.

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1.The Authorized Officer, The Chief Manager, Canara Bank, JC Complex, Madurai Road, Periyakulam Branch, Theni District.

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2.The Branch Manager, Canara Bank, Periyakulam Branch, Theni District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28859 of 2022

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impugned Sale Notice made by the 1^st respondent in Ref. 1017/897/125/840/28240/883/27855, dated 28.11.2022, under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with rule 8(6) of the Security Interest (Enforcement) Rules 2022 and quash the same and consequently direct the 1^st respondent to consider the One Time Settlement made by the petitioner dated 05.03.2021 and close the Agricultural Loans of the petitioner in 1017897000125, 1017883027855, 1017840028240 in the respondents bank.

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For Petitioner : Mr.T.Sakthikumaran for Mr.N.Marimuthu. For Respondents : Mr.C.Deepak, Standing Counsel

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O R D E R

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Sale Notice made by the 1^st respondent in Ref. 1017/897/125/840/28240/883/27855, dated 28.11.2022, under Securitization and Reconstruction of Financial Assets and

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28859 of 2022

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Enforcement of Security Interest Act, 2002 read with rule 8(6) of the Security Interest (Enforcement) Rules 2022 and quash the same and consequently direct the 1^st respondent to consider the One Time Settlement made by the petitioner dated 05.03.2021 and close the Agricultural Loans of the petitioner in 1017897000125, 1017883027855, 1017840028240 in the respondents bank.

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2. The learned counsel appearing for the petitioner submitted that the petitioner may be granted liberty to work out her remedy before the Debts Recovery Tribunal, Madurai.

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3. In view of the above submissions, this Writ Petition is disposed of granting liberty to the petitioner to work out her remedy before the Debts Recovery Tribunal, Madurai. No costs. Consequently, connected miscellaneous petition is closed.

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[D.K.K., J.] [R.V., J.] 22.12.2022

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Index : Yes / No Internet : Yes / No vsm

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_____________ Page 3 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28859 of 2022

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.