1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.10293 of 2011 and M.P.No.1 of 2011 A.Sathiyagani : Petitioner Vs. The Chief Manager and Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, Tiruchirappalli, Dukes Complex, Second Floor, Tiruchirappalli 620 001. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned possession notice dated 12.07.2011 issued in exercise of powers conferred under Section 13(12) read with rule 3 of of the Security Interest (Enforcement) Rules 2002 of the respondent bank and quash the same as illegal, unlawful, void, ab inito, arbitrary, unenforceable, without jurisdiction and pass orders. For Petitioner : Mr.K.S.Sankar Murali O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition is directed against the possession notice issued by the respondent bank under Section 13(12) r/w Rule 3 of the Security Interest (Enforcement) Rules 2002, [for short "the Rules"]. 2. As against the said possession notice, the petitioner has got effective alternative remedy of appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, [for short "the Act"]. 3. Even though the contention raised by the learned counsel for the petitioner is that originally there has been a preliminary decree obtained by the respondent bank as against the petitioner and having obtained the same, the respondent bank has failed to file any application for final decree, we are of the considered view that it is not a bar for the respondent bank to proceed under the Act. Even if it is the contention of the learned counsel for the petitioner that the claim of the respondent bank is time barred, certainly, it is open to the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner to raise the same under Section 17 of the Act while questioning 13(4) possession on that basis. 4. In such view of the matter, giving liberty to the petitioner to file an appeal before the Tribunal within a period of two weeks from the date of receipt of a copy of this order, the Writ Petition stands dismissed. It is made clear that if any such appeal is filed within the time stipulated in this order, the Debts Recovery Tribunal shall consider the same and pass appropriate orders on merits and in accordance with law without rejecting the appeal on the ground of limitation. Till then, status-quo as-on-today shall be maintained. No costs. Consequently, connected Miscellaneous Petition is also dismissed. NB Sd/- Deputy Registrar[Writs] /True copy/ Assistant Registrar To The Chief Manager and Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, Tiruchirappalli, Dukes Complex, Second Floor, Tiruchirappalli 620 001. +1 cc to Mr.K.Sankara Murali, Advocate SR.No.30772. ORDER MADE IN W.P.(MD).No.10293 of 2011 Dated:09.09.2011 2P/3C RPB 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/