Ramar.S.S v. The Authorized Officer

O R D E R [Order of the Court was made by R.SUBRAMANIAN, J.] Mr.Saravanakumar, learned counsel, representing M/s.Vast Law Associates, takes notice for the respondent – Bank.

¶2Challenge in this writ petition is to the notice, dated

10.01.2023, issued by the respondent – Bank, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, "the Act").

¶3We have repeatedly held that notice of demand under Section 13(2) of the Act being a show cause notice will not provide a cause of action for filing a writ petition.

¶4The petitioner is permitted to file his objections to the notice dated 10.01.2023, within a period of fifteen days from today. If such objection is filed, the respondent – Bank will consider the same and proceed further. Depending upon the nature of proceedings taken by the respondent – Bank, the petitioner will have a choice to proceed further.

¶5Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.]

20.04.2023 NCC : Index : Internet :

krk R.SUBRAMANIAN , J . and L.VICTORIA GOWRI , J . krk and W.M.P.(MD) No.8326 of 2023

20.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8326 of 2023 S.S.Ramar ... Petitioner -vs- 1.The Authorized Officer Punjab National Bank PNB House Trichy – Thanjavur Kailaspuram Trichy-620 014 2.The Branch Manager Punjab National Bank Tirunelveli Town ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records in connection with the impugned demand notice issued under Section 13(2) of SARFAESI Act, dated 10.01.2023 and quash the same and consequently to regularize the petitioner's loan account Nos.0484008700301102 & 048400IB02302297 maintained at the second respondent – Bank. For Petitioner : Mr.S.Lawrence Vimal Raj For Respondents : Mr.Saravanakumar for M/s.Vast Law Associates