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2022 Supreme(Mad) 3951

R. MAHADEVAN, J. SATHYA NARAYANA PRASAD
A. Vetharaj – Appellant
Versus
Registrar, Debts Recovery Tribunal, Madurai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.A.Navaskhan

ORDER :

R.MAHADEVAN, J.

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned possession notice issued by the second respondent dated 11.10.2022 and quash the same as illegal and pass such further or other orders as this Hon'ble Court.

Challenging the possession notice dated 11.10.2022, issued by the second respondent – Housing Finance Company, the petitioner has come forward with this writ petition.

2. Heard Mr.A.Navaskhan, learned counsel for the petitioner. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents is dispensed with.

3. Though there is availability of expeditious and effective remedies under the SARFAESI Act, this writ petition has been filed, since the Debts Recovery Tribunal, Madurai, is not functional. Before going into the issue raised in this writ petition, we deem it fit to consider the following sequence of the provisions under the SARFAESI Act and the decisions of the Hon'ble Supreme Court as well as this Court in this regard, which will make one understand about the enforcement of security interest by the Banks

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