1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.11517 of 2011 R.Manonmani ... Petitioner Vs. 1.The Registrar of Co.op.Societies, Kilpauk, Chennai 600 009. 2.The Deputy Registrar of Co.op. Societies, Madurai. 3.The Liquidator, No.28, The Madurai Urban Co.op.Bank Ltd., 32, Naicker New Street, Madurai 625 001. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, calling for records pertaining to the impugned notification issued, dated 12.09.2011 by the third respondent herein and quash the same. For Petitioner : Mr.K.Muthuganesapandian. For Respondents : Mr.K.P.Krishnadoss Government Advocate. O R D E R This writ petition challenges an auction sale notice issued by the Liquidator/Authorised Officer of the Madurai Urban Co-operative Bank (wound up) seeking to bring the house property of the petitioner to sale, for the realisation of the debts due to the bank. 2.Heard Mr.K.Muthuganesapandian, learned counsel for the petitioner. 3.The impugned notice has been issued under Section 13(4) of the SARFAESI Act, 2002. Therefore, the appropriate remedy open to the petitioner is only to file an appeal under Section 17 of the SARFAESI Act, 2002. Even the limitation for filing an appeal under SARFAESI Act, has not expired. 4.Therefore, this writ petition is dismissed leaving it open to the petitioner to approach the Debts Recovery Tribunal. Original impugned notice is directed to be returned to the petitioner to move the Debts Recovery Tribunal. If the petitioner moves, an appeal before the https://hcservices.ecourts.gov.in/hcservices/ 2 Debts Recovery Tribunal along with any application for appropriate interim orders, the same shall be taken up by the Debts Recovery Tribunal on a priority basis since the property is sought to be brought to auction sale. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Registrar of Co.op.Societies, Kilpauk, Chennai 600 009. 2.The Deputy Registrar of Co.op. Societies, Madurai. 3.The Liquidator, No.28, The Madurai Urban Co.op.Bank Ltd., 32, Naicker New Street, Madurai 625 001. + 1 cc to Mr.K.Muthuganesapandian, Advocate, SR No.34953 Writ Petition(MD)No.11517 of 2011 10.10.2011 sms RJ/10.10.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/