Madras High Court
Mrs.P.Chandirakala vs The Authorized Officer on 3 October, 2023
C.R.P(MD)No.1213 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.R.P(MD)No.1213 of 2023
and
C.M.P(MD)No.5859 of 2023
1.Mrs.P.Chandirakala
2.Mr.N.Selvaraj :Petitioners/Applicants
.vs.
1.The Authorized Officer,
Karnataka Bank Ltd.,
Asset Recovery Management Branch,
Chennai-600 001.
2.The Branch Manager,
Karnataka Bank Ltd.,
Nagercoil Branch,
Kanyakumari District.
3.Mr.Suresh : Respondents/Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India praying to set aside the return endorsement
order made by the Registrar, Debt Recovery Tribunal, Madurai in
SA.SR.No.2565 of 2023 dated 02.05.2023 and consequently direct
the Registrar, Debts Recovery Tribunal, Madurai to number the
same.
1/5
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C.R.P(MD)No.1213 of 2023
For Petitioner :Mr.M.Arun Murugan
For R1 & R2 :Mr.N.S.Karthikeyan
For R3 :No appearance
ORDER
******
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
The petitioners have filed the SARFAESI Application before the
Debt Recovery Tribunal, Madurai and the same has been returned.
Challenging the correctness of the return made in SA.SR.No.2565 of
2023, dated 02.05.2023, the petitioners have filed the present Civil
Revision Petition.
2. Heard the learned counsel appearing for the petitioners
and the learned counsel appearing for the respondents 1 & 2.
3. The learned counsel appearing for the petitioners would
submit that the Registrar, Debt Recovery Tribunal, Madurai had
returned the SARFAESI Application filed by the petitioners
challenging the sale notice dated 24.03.2023 and the subsequent
auction sale proceedings dated 18.04.2023 and the consequential
sale confirmation letter dated 19.04.2023 issued by the first
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C.R.P(MD)No.1213 of 2023
respondent on the ground that Demand notice is not produced,
without considering the specific pleading that neither the demand
notice nor the possession notice was served on the petitioners. He
would further submit that producing of demand notice by the
applicant cannot be made as a prerequisite for numbering the
SARFAESI Application filed under Section 17 of the Act.
4. The learned counsel appearing for the respondent Bank
would contend that the Registrar of the Debt Recovery Tribunal,
Madurai may be directed to number the application.
5. The learned counsel appearing for the petitioners would draw
our attention to the order passed by this Court, dated 18.08.2022 made in
W.P(MD)No.19368 of 2022. Pursuant to the said order, the petitioners
have paid a sum of Rs.1,25,000/- and receipt is also enclosed and further
they have also paid a sum of Rs.3,75,000/- pursuant to the order of this
Court, dated 23.01.2023. Whether they have paid the above said amount
or not is a factual dispute and it has to be agitated before the competent
Court.
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C.R.P(MD)No.1213 of 2023
6. Considering the limited scope of the prayer that to set aside the
return endorsement made by the DRT and to direct the Registrar, DRT to
number the application, we are inclined to allow the Civil Revision
Petition. Accordingly, this Civil Revision Petition is allowed. The Registrar,
Debt Recovery Tribunal, Madurai is directed to number the SARFAESI
Application within a period of two weeks from the date of receipt of a
copy of this order and post the matter before the concerned Court for
appropriate orders.
[T.K.R.,J.] [P.B.B.,J.]
03.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
AM
NOTE:
Registry is directed to return the original
papers to the counsel for the petitioners.
To
The Registrar,
Debts Recovery Tribunal,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1213 of 2023
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
C.R.P(MD)No.1213 of 2023
03.10.2023
https://www.mhc.tn.gov.in/judis
