1 EFORE 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.9397 of 2011 and M.P.(MD)No.1 of 2011 Minor S.Harikumar, S/o.S.R.Senniappa, Represented through Mother and Guardian R.S.Kayalvizhi : Petitioner Vs. 1.The Authorised Officer/ Regional Manager, Central Bank of India, Tiruchirappalli. 2.The Branch Manager, Central Bank of India, Karur Branch. 3.K.Lakshmi Kanthan : 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 relating to the impugned notice for sale by tender -cum- auction bearing No.RO/TRY/RECV/2010-11/1306, dated 31.01.2011 issued by the first respondent in respect of the petitioner's property bearing Door No.2D, Ward No.3, and Block No.8 in Ranganayakipuram, Western Main Road, Karur Town Municipality consisting of two floors and quash the same. For Petitioner : Mr.M.Gnanagurunathan O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] It is against the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to as "SARFAESI Act"], the present Writ Petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 2 2. On the face of it, the present Writ Petition is not maintainable, since the petitioner has got an alternative remedy under Section 17 of the SARFAESI Act, by filing necessary appeal. However, it is seen that 13(4) notice has been issued on 31.01.2011. In such view of the matter, taking note of the fact that the father of the petitioner was involved in a road accident, in which, he died and the steps are being taken for the purpose of getting compensation under the Motor Vehicles Act, to meet the ends of justice, we are of the view that the petitioner should be given time to file an appeal before the Debts Recovery Tribunal. Accordingly, the petitioner is granted two weeks time from the date of receipt of a copy of this order to file an appeal before the Debts Recovery Tribunal and if the petitioner files an appeal before the Debts Recovery Tribunal, under Section 17 of the SARFAESI Act, the Tribunal shall receive the appeal and decide the same on merits and in accordance with law, without rejecting it on the ground of limitation. Considering the fact that the secured asset is stated to be a residential house, till the petitioner files an appeal within the time prescribed by this Court, the status quo as on date shall be maintained. 3. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Authorised Officer/ Regional Manager, Central Bank of India, Tiruchirappalli. 2.The Branch Manager, Central Bank of India, Karur Branch. Copy to:- The Presiding Officer, Debts Recovery Tribunal, Madurai +One cc to Mr.M.Gnanagurunathan, Advocate, SR.No.28457 SML rl/5c – 22.8.2011 Order made in W.P.(MD).No.9397 of 2011 Dated:- 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/