Back
S. S. SUNDAR, S. SRIMATHY
Sasikumar – Appellant
Versus
Authorised Officer/Chief Manager – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned possession notice issued by the first respondent in his proceedings Nil dated 29.07.2022 and to quash the same as illegal, arbitrary and in violation of the provisions of the SARFAESI Act, 2002.)
S.S. Sundar, J.
1. This Writ Petition is filed challenging the impugned possession notice issued by the respondent bank, dated 29.07.2022.
2. Heard Mr.R.Chandrasekar, learned counsel appearing for the petitioner and Mr.P.Pethu Rajesh, learned Standing Counsel for the respondent Bank.
3. As against the total outstanding amount of Rs.13,17,251.28/- (Rupees Thirteen Lakhs Seventeen Thousand Two Hundred Fifty One and Twenty Eight Paise only) as on 20.05.2020, the learned Counsel for the petitioner states that the petitioner is prepared to pay 25% of the amount due within a period of four months in equal monthly installments.
4. Considering the facts and circumstances of the case and by consent of both the parties, this Court is inclined to dispose of the Writ Petition with the following directions:
(i) The responde
The court has the authority to provide directions to the respondent bank regarding the deferment of sale or action pursuant to the possession notice, and the petitioner can submit a representation fo....
The court ruled that a notice under Section 13(2) of the SARFAESI Act, issued post-interim order, cannot be deemed fraudulent.
A writ petition is not maintainable against a possession notice issued by a secured creditor under the SARFAESI Act, as an alternative remedy exists before the Debt Recovery Tribunal.
A writ petition is not maintainable against proceedings or sale notices initiated under the SARFAESI Act, as the aggrieved party must exhaust alternative statutory remedies before the Debt Recovery T....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
