1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.10624 of 2011 and M.P.No.1 of 2011 Thamilarasi : Petitioner Vs. 1.The Managing Director cum Chairman, State Bank of India, S.B.Bhavan, Central Office, 8th Floor, Madame Cama Marg, Mumbai, Maharastra 400 021. 2.The Regional Manager (Loans), State Bank of India, Madurai. 3.The Chief Manager, State Bank of India, Stressed Assets Recovery Branch, Corporation Building, R.M.S.Road, Madurai 1. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent not to interfere with the petitioner's property of Rice Mill, without following the procedure of law under Sections 13(2) and 13(4) of SARFAESI Act, 2002 and other special Acts, on the basis of petitioner's representation fax dated 15.09.2011. For Petitioner : Mr.R.Udhayakumar O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition, on the fact of it, is misconceived. The third respondent bank has issued notice to the petitioner, who is a guarantor. The grievance of the petitioner is that the bank has to take action as per Sections 13(2) and 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, [for short "the Act"], and instead, unlawful attempts are being made by the bank to dispossess the petitioner from his property. Therefore, the petitioner has filed the present Writ Petition seeking to forbear the respondents from interfering with the petitioner's property of Rice Mill. 2. In our considered view, if the third respondent bank is not following the Act and acting against the same, it is always open to the petitioner to work out his remedy in the manner known to law and not by https://hcservices.ecourts.gov.in/hcservices/ 2 filing Writ Petition. Accordingly, the Writ Petition stands dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Managing Director cum Chairman, State Bank of India, S.B.Bhavan, Central Office, 8th Floor, Madame Cama Marg, Mumbai, Maharastra 400 021. 2. The Regional Manager (Loans), State Bank of India, Madurai. 3. The Chief Manager, State Bank of India, Stressed Assets Recovery Branch, Corporation Building, R.M.S.Road, Madurai 1. ORDER MADE IN W.P.(MD).No.10624 of 2011 19.09.2011 NB RJ/28.9.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/