Failure to comply with the provisions of Section 13(8) of the SARFAESI Act, 2002 and the availability of an alternative remedy before the Debts Recovery Tribunal rendered the writ petition not maintainable.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned sale certificate issued by the first respondent vide his proceedings Nil, dated 02.01.2020 and consequential sale deed dated 09.01.2020 executed by the first respondent in favour of the third respondent and quash the same as illegal and pass such further or other orders as this Court.)

L. Victoria Gowri, J.

1. The present Writ Petition has been filed challenging the sale certificate issued by the first respondent vide his proceedings nil, dated 02.01.2020 and consequential sale deed dated 09.01.2020 executed by the first respondent in favour of the third respondent. Hence, the petitioner has filed this Writ Petition.

2. Heard Mr.Mayilvahana Rajendran, the learned Counsel for the petitioner and Mr.P.Pethu Rajesh, learned Standing Counsel for the first and second respondents carefully and perused the materials available on record.

3. The learned Counsel for the petitioner submitted that her husband Mr.Sivan was running a business in the name and style of M/s.Kasthuri Industries and availed credit facilities to develop and promote the business, approaching the respondent bank for business loan during the year 2004. The respondents bank sanctioned the business loan of TL-OCC to the tune of Rs.6,50,000/- on 22.01.2004, in the name of the petitioner and her husband Mr.Sivan stood as a guarantor to the said loan. Later the loan account was declared as NPA by the respondent bank. In furtherance to the same, the first respondent bank issued demand notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002 for an outstanding loan due of Rs.6,67,465/-. Subsequently on 29.05.2009, the first respondent bank issued the possession notice under Section 13 (4) of the SARFAESI Act, 2002. Thereafter, the first and second respondents colluded with the third respondent to proceed with the sale of the writ petitioner''s house property by means of an illegal sale proceedings and she came to know the same through the reply under Right to Information Act dated 28.09.2015 from the second respondent. That apart, even as on date, the writ petitioner is in possession of her residential house and that the first respondent bank did not auction the property under Section 14 of the SARFAESI Act, 2002.

4. Per contra, the learned Counsel for the first and second respondent''s bank submitted that the first respondent bank issued the sale notice as early as on 16.08.2016 under Section 13 (4) of the SARFAESI Act, 2002. In the meanwhile, the first respondent bank proceeded to sell the secured property under the provisions of SARFAESI and the auction of the said property was notified by public notice dated 21.07.2014. On the date of auction, the third respondent turned to be a successful bidder and he made a payment of Rs.9,00,000/- as consideration for the auction mortgaged house building bearing door No.2/28A in R.S.No.73/8 situated in Madurai South Registration District. And thus, the same was confirmed. On 02.01.2020, the first respondent issued the sale certificate with respect to the said property in favour of the third respondent. Pursuant to the same on 09.01.2020, the sale deed bearing document No. 229/2020 of Madurai South Sub Registry was executed by the first respondent in favour of the third respondent there by confirming the sale.

5. Having slept over for all these years from the date of issuance of sale certificate to the third respondent, now the writ petitioner has no locustandi to file this writ petition and the same is liable to be dismissed.

6. It is pertinent to observe that the writ petitioner is aware of the demand notice issued by the respondent bank on 26.11.2018 and the subsequent symbolic possession notice under Section 13 (4) of the SARFAESI Act, 2002 dated 29.05.2009. Thereafter, th