1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 17..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.6185 of 2011 and M.P.(MD)No.1 of 2011 D. Kiran Kumar, Plot No.5,6,12,19, Annamalai Nagar, Mathur, Pudukkottai District - 622 515. ..Petitioner Vs. The Authorized Officer, Housing Development Finance Corporation Limited (HDFC), IInd Floor, ITC Centre, 760, Anna Salai, Chennai - 600 002. ..Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned Possession Notice under Section 13 (4) of the SARFAESI Act, issued by the respondent on 02.06.2011 and quash the same. For Petitioner :: Mr.B.Prahalad Ravi for M/s.S.K.Hema Karthikeyan For Respondent :: Mr.Pala.Ramasamy ORDER (Order of the Court was delivered by K. SUGUNA, J.) This writ petition is filed challenging the notice of the respondent dated 02.06.2011 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. 2. As per the impugned notice, an intimation has been given to the petitioner with regard to the default committed by him in repayment of the loan secured by him from the respondent Bank and also with regard to the further steps to be taken in this regard. 3. Mr. Pala Ramasamy, learned counsel appearing for the respondent has submitted that the impugned notice is only a show cause notice, consequently, if the petitioner submits his reply, the same will be considered by the respondent Bank. https://hcservices.ecourts.gov.in/hcservices/ 2 4. According to the learned counsel appearing for the petitioner, the petitioner is willing to pay the entire amount. 5. Since according to the learned counsel appearing for the respondent bank, the impugned notice is only a show cause notice, though there is no such wordings, basing on the said submission, we are of the opinion that the petitioner can submit his reply, even with regard to his willingness to pay the entire amount and the same may be considered by the respondent Bank. 6. Accordingly, we direct the petitioner to submit his reply to the impugned notice to the respondent Bank within a period of ten days from the date of receipt of a copy of this order and on receipt of the same, the respondent Bank shall consider the same and pass final orders in accordance with law. It is made clear that till final orders are passed, the respondent Bank is restrained from taking any further action in this regard. 7. With the above directions, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To The Authorized Officer, Housing Development Finance Corporation Limited (HDFC), IInd Floor, ITC Centre, 760, Anna Salai, Chennai - 600 002. +1cc to Mr.Pala.Ramasamy, Advocate SR.No.18896 +1cc to Mr.A.Joel Paul Antony, Advocate SR.No.19051 Dpn akm/20.06.11 /2p-3c/ W.P.(MD)No.6185 of 2011 and M.P.(MD)No.1 of 2011 17.06.2011 https://hcservices.ecourts.gov.in/hcservices/