D. KRISHNAKUMAR, R. VIJAYAKUMAR
B. Aruna Devi – Appellant
Versus
Authorised Officer, Axis Bank Limited – Respondent
ORDER :
D.Krishnakumar, J.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the impugned possession notice dated 20.05.2022 u/s. 13(4) of SARFAESI ACT issued by the respondent and to quash the same as illegal.
Challenging the possession notice dated 20.05.2022, the petitioner has filed this writ petition.
2. Learned counsel for the petitioner submitted that the petitioner has complied with the conditional interim order passed by this Court on 26.07.2022.
3. Learned standing counsel appearing for the respondent Bank submitted that though the petitioner has complied with the conditional interim order, she is having effective alternate appeal remedy before the Debts Recovery Tribunal and the Debts Recovery Tribunal, Coimbatore, is in-charge of the Debts Recovery Tribunal, Madurai. Hence, the petitioner has to approach the Debts Recovery Tribunal for further orders.
4. In view of the above submission of the learned counsel appearing for the respondent – Bank, we are of the view that the petitioner has to approach the Debts Recovery Tribunal for getting further orders.
5. At this juncture, it
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