1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9428 of 2011 and M.P.(MD)No.1 of 2011 Amsavalli : Petitioner Vs. 1.Branch Manager, Indian Bank, Musiri Branch, Tiruchirapalli District. 2.The Authorised Officer, Indian Bank, Tiruchirapalli. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the notice of the first respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, dated 05.12.2009 and quash the same and consequently, to cancel the sale notice dated 13.07.2011 slating the date of sale dated 23.08.2011. For Petitioner : Mr.S.K.Mani O R D E R [Order of the Court was made BY M.M.SUNDRESH, J] As against the order passed by the first respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Writ Petition, as filed, is not maintainable, as the petitioner can only avail the alternative remedy of filing an appeal by approaching the Debts Recovery Tribunal under the Act. 2. However, taking note of the fact that the secured asset is an agricultural land and the petitioner has raised crops, coupled with the further fact that the petitioner has approached this Court instead of approaching the Debts Recovery Tribunal, the petitioner is given a period of two weeks from the date of receipt of a copy of this order to file an appeal. Till the petitioner files an appeal https://hcservices.ecourts.gov.in/hcservices/ 2 within the time prescribed by this Court, the confirmation of the proposed auction would be stayed. 3. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Branch Manager, Indian Bank, Musiri Branch, Tiruchirapalli District. 2.The Authorised Officer, Indian Bank, Tiruchirapalli. +1cc to Mr.S.K.Mani, Advocate, Sr.No.28429 Order made in W.P.(MD).No.9428 of 2011 Dated:22.08.2011 sml SMA/22.8.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/