The High Court refused to interfere with a possession notice issued under Section 13(4) of the SARFAESI Act. The Court directed the petitioner to approach the Debts Recovery Tribunal instead of the High Court.
The writ petition was closed and miscellaneous petitions, if any, were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V. RAMASUBRAMANIAN
AND
THE HON’BLE SRI JUSTICE G. SHYAM PRASAD
WRIT PETITION No. 40233 of 2016
ORDER: (Per VRS,J)
Aggrieved by a possession notice, dated 17.11.2016, issued under Section 13(4) of the SARFAESI Act, 2002, the borrower has come up with the present writ petition.
petitioner. Mr. K.B. Ramannadora, learned standing counsel for State Bank of India, takes notice for the respondents 2 and 3.
VRS,J & GSP,J WP No. 40233 of 2016
2
leaving it open to the petitioner to approach the Tribunal, the Writ Petition is closed.
Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs.
__________________________ V. RAMASUBRAMANIAN, J
_____________________ G. SHYAM PRASAD, J 22nd November, 2016 cbs
VRS,J & GSP,J WP No. 40233 of 2016
3
THE HON’BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND
THE HON’BLE SRI JUSTICE G. SHYAM PRASAD
Writ Petition No. 40233 of 2016 (Per VRS,J)
22nd November, 2016
cbs
2 issues framed by the court
Whether a borrower aggrieved by a possession notice can seek relief in the High Court or should be directed to approach the Debts Recovery Tribunal.
Whether the non-functioning of the Debts Recovery Tribunal bars the filing of a writ petition.
2 provisions across 1 enactments
Borrower
State Bank of India
V. RAMASUBRAMANIAN
G. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
