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2010 Supreme(Mad) 980

FAKKIR MOHAMED IBRAHIM KALIFULLA, K.B.K.VASUKI
MSG. Arts Crafts – Appellant
Versus
The Assistant General Manager – Respondent


Advocates appeared:
For the Petitioners:Santharam Natarajan, Advocate. For the Respondent:S. Sethuraman, A.V. Arun, Advocates.

Judgment :-

F.M. Ibrahim Kalifulla, J

1. By consent of all parties, the Writ Petitions itself are taken up together for hearing and disposed of by a common order.

2. The petitioners seek to challenge the impugned notices, dated 210. 2009, on the file of the first respondent and quash the same as illegal and arbitrary and direct the first respondent-Bank to consider the grievances of the petitioner in the background of equity and Principles of Natural Justice.

3. It is well settled that at the stage of issuance of Section 13(2) notice, there is no right for the petitioners to seek for a challenge. In fact, after 13(2) notice, the petitioners get an opportunity to file their objections within 60 days and responsibility on the first respondent-Bank to deal with such objections in an appropriate manner by invoking Section 13(3-A) of the SARFAESI Act. Thereafter, if further action is initiated under Section 13(4) of the Act, then alone, there would be any scope for the petitioners to seek for a challenge and that too, before the Debts Recovery Tribunal (in short ‘DRT’) under Section 17 of the SARFAESI Act. In such circumstances, we are not inclined to entertain the Petitions challengin






















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