Thilsath Begum v. The Branch Manager

ORDER [Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.N.Ramamoorthy, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned Standing Counsel for the bank.

¶2The petitioner is challenging the possession notice issued by the bank under Section 13(4) of the SARFAESI Act, 2002.

¶3Under Section 13(4) of the SARFAESI Act, 2002, the bank only takes the symbolic possession.

¶4In another writ petition, we have recorded the statement of the learned Standing Counsel for the bank that within a period of two weeks, the details of the policy would be provided to the petitioner.

¶5Considering the fact that the notice is issued under Section 13(4) of the SARFAESI Act, 2002 and the petitioner has a remedy before the Debts Recovery Tribunal, we are not inclined to pass further any orders in this writ petition.

¶6In light of that, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (C.K., J.)

31.08.2023 NCC :Yes/No Index : Yes/No PM W.P(MD)No.17638oofo2023 THEoHON'BLEoCHIEFoJUSTICE ando C.KUMARAPPAN,oJ. PM W.P.(MD)No.17638oofo2023

31.08.2023 Pageg4gofg4

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023 CORAM : THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.14745 of 2023 Thilsath Begum ... Petitioner Vs. 1.The Branch Manager, Indian Overseas Bank, No.494, New Street, Mathurapuri, Thuraiyur – 621 010, Trichy District. 2.The Authorized Officer, (Under the SARFAESI Act, 2002), Indian Overseas Bank, No.494, New Street, Mathurapuri, Thuraiyur -621 010, Trichy District. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents not to proceed further with the possession notice dated 22.06.2023 without following the due process of law under the Liability Insurance Scheme in which the first respondent as the Master Policy Holder is having the primary duty to make the claim with the Insurer in order to settle or close the entire loan amount covered under the Possession notice dated 22.06.2023. For Petitioner : Mr.N.Ramamoorthy For Respondents : Mr.N.Dilipkumar, Standing Counsel