MUNISHWAR NATH BHANDARI, P.D.AUDIKESAVALU
V. Srimathi – Appellant
Versus
Authorised Officer, ARM Branch, Canara Bank, Coimbatore – Respondent
JUDGMENT :
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the entire records relating to the impugned order passed by the fourth respondent in his proceedings Na.Ka.4669/2021/A2, dated 28.12.2021 and quash the same.
1. The writ petition has been filed by the petitioners to challenge the order dated 28.12.2021 passed by the Revenue Tahsildar, Modakkurichi pursuant to the order passed by the District Collector, Erode on 23rd April, 2018 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “Act of 2002”)
2. The facts on record show that the first petitioner had earlier also preferred a writ petition being W.P.No.26264 of 2021 to challenge the sale notice issued by the first respondent. By the order dated 09.12.2021, the said writ petition was withdrawn with liberty to maintain an appeal before the Debts Recovery Tribunal under Section 17 of the Act of 2002.
3. The pleadings of the writ petition do not show that an appeal was filed before the Debts Recovery Tribunal. The present writ petition has again been filed to challenge the order date
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