T.Selvamani Ammal vs The Authorised Officer
2021 Latest Caselaw 9330 Mad

                                                    WP.No.18003 of 2020


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATED: 08.04.2021

                              CORAM :

      The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
                                AND
    The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY


                       W.P.No.18003 of 2020


T.Selvamani Ammal                                   .. Petitioner

                                 -vs-

1. The Authorised Officer,
   Bank of Baroda(erstwhile Vijaya Bank)
   Anna Nagar Branch, No.W-122, 3rd Avenue,
   Anna Nagar, Chennai.

2. Sree Deepthi Ventures Limited
   Registered Office No.32/10 Loganathan
   Street Ambattur Chennai 600 053

3. Tummpudai Subba Rao
4. T.S.Seethamma
5. Manivasagam Kandhaswamy
6. T.Venkata Subba Rao
7. T.Venkata Krishna Rao
8. K.M.Kandhasamy
9. T.V.K.Sandeep
10.Sai Aravind                                      .. Respondents

       Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to forbear the first respondent,

Page 1 of 4
                                                        WP.No.18003 of 2020


their men, officers, Agents, Servants, Representative or any one
claiming through or under them or any other person from proceeding
any further in terms of Sale Notice dated 31.10.2020 till such time the
appeal to be disposed by the Debts Recovery Tribunal at Chennai in
S.A.No.54 of 2020.


              For Petitioner          : Mr.G.Peranban




                                  ORDER

(Made by The Hon'ble Chief Justice)

It is submitted on behalf of the petitioner that the petitioner, a

borrower who has obtained the credit facilities from the respondent

secured creditor, has already challenged the measures taken by the

secured creditor under Section 13 (4) of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 before the appropriate Debts Recovery Tribunal and

the judgment in the matter is awaited.

2. In view of such submission, the writ petition cannot be

carried forward. Accordingly, W.P.No.18003 of 2020 is disposed of

WP.No.18003 of 2020

without going into the merits thereof. There will be no order as to

costs.

                                         (S.B., CJ.)      (S.K.R., J.)
                                                   08.04.2021

Index         : Yes/No

sra

To

1. The Authorised Officer,

Bank of Baroda(erstwhile Vijaya Bank) Anna Nagar Branch, No.W-122, 3rd Avenue, Anna Nagar, Chennai.

WP.No.18003 of 2020

The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.

(sra)

W.P.No.18003 of 2020

08.04.2021