Madras High Court
P.Subramanian vs Indian Overseas Bank on 14 July, 2009
Author: R.S.Ramanathan
Bench: R.S.Ramanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/07/2009 CORAM THE HONOURABLE Mr.JUSTICE R.S.RAMANATHAN Writ Petition No.5950 of 2009 and M.P.No.1 of 2009 1.P.Subramanian 2.S.Savithri ... Petitioners Vs Indian Overseas Bank Main Branch, Dindigul, Represented by its Branch Manager ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus to direct the respondent Bank to for one time settlement as per guidelines of the Reserve Bank of India in respect or the loan A/c.No.580400001 dated 27.09.2004. !For petitioners ... Mr.R.Venkatraman ^For respondent ... Mr.M.Senthilkumar :ORDER
The petitioner filed this Writ Petition challenging the action of the respondent Bank in bringing the property through auction. The learned counsel for the petitioner submitted that under the provisions of SARFAESI Act (herein after referred to as "the Act"), he can approach the Debts Recovery Tribunal only if any case is pending before the Debts Recovery Tribunal and as per Section 17 of the Act, in the absence of any order, he cannot approach the Debts Recovery Tribunal.
2. In my opinion, the submission of the learned counsel for the petitioner cannot be accepted. Whenever a person is aggrieved by the issuance notice under of Section 13(4) of the Act, it is open to him to approach the Debts Recovery Tribunal under Section 17 of the Act, as Section 17 contemplates an appeal can be preferred against any action taken pursuant to Section 13(4) and it is not stated that only after an order has been passed, the party can file an appeal under Section 17 of the Act. Further there is no need for any proceeding to be pending before the Debts Recovery Tribunal for invoking Section 17 of the Act. The remedy available to the petitioner is to file an appeal before the Debts Recovery Tribunal under Section 17 of the Act and this Court cannot entertain such Writ Petition.
With this observation, this Writ Petition is disposed of. It is open to the petitioner to invoke the provisions of the SARFAESI Act before the Debts Recovery Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
RR To Indian Overseas Bank Main Branch, Dindigul,