1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.07.2011 CORAM: THE HONOURABLE MR.M.YUSUF EQBAL, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).Nos.8224 and 8225 of 2011 and M.P.Nos.2 and 2 of 2011 1.Malathi 2.Karnan :Petitioners in W.P.(MD).No.8224 of 2011 1.Indira 2.Ravichandran :Petitioners in W.P.(MD).No.8225 of 2011 -Vs- 1.The Authorized Officer, ICICI Bank Ltd., 2/2, Salai Road, Dindigul 624 001. 2.ICICI Bank ltd., Agri Business Group, 4th Floor, 2/1, L.B.Road, Adayar, Chennai 600 020. 3.The Authorized Officer, ICICI Bank Ltd., Agri Business Group, 4th Floor, West Wing, 24, South Phase, Arihant Insight, Ambattur Industrial Estate, Chennai 600 053. 4.Reserve Bank of India, Represented by its General Manager, No.16, Rajaji Salai, Chennai 600 001. :Respondents in Both Writ Petitions PRAYER:Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notice dated 22.06.2011 issued by the third respondent under Section 13(4) of SARFAESI Act and quash the same and consequently direct the respondents 1 to 3 to decide the objections filed by the petitioners against the notice issued under Section 13(2) of SARFAESI Act, dated 02.07.2010 by speaking and reasoned order and communicate the same. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioners: Mr.D.Senthil For Respondents: Mr.Pala Ramasamy COMMON ORDER [Order of the Court was made BY THE CHIEF JUSTICE] Heard the learned counsel for the petitioners and perused the Writ Petitions. 2.In these Writ Petitions, the petitioners have challenged the notices dated 22.06.2011 purportedly issued under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, [for short "the Act"] and further to direct the concerned respondents to decide those objections filed by the petitioners against the notices dated 02.07.2010 issued under Section 13(2) of the Act. 3.It appears that in the earlier Writ Petitions in W.P.(MD). Nos.12021 and 12022 of 2009, a Division Bench of this Court, by order dated 03.12.2009, while disposing of the Writ Petitions, directed the concerned respondents to consider the objections filed by the petitioners before proceeding further in the matter. Pursuant to the aforesaid order, objections filed by the petitioners appear to have been considered and final orders were passed. Thereafter, possession of the property has also been taken on 22.06.2011. 4.In that view of the matter, we are of the definite opinion that the remedy, if any available to the petitioners, is to move the authority under Section 17 of the Act. Needless to say that if the petitioners move the Appellate Authority under Section 17 of the Act, their appeals shall be considered and disposed of in accordance with law. With the aforesaid direction and observations, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Authorized Officer, ICICI Bank Ltd., 2/2, Salai Road, Dindigul 624 001. 2.The Authorized Officer, ICICI Bank ltd., Agri Business Group, 4th Floor, 2/1, L.B.Road, Adayar, Chennai 600 020. 3.The Authorized Officer, ICICI Bank Ltd., Agri Business Group, 4th Floor, West Wing, 24, South Phase, Arihant Insight, Ambattur Industrial Estate, Chennai 600 053. 4.The General Manager, Reserve Bank of India, No.16, Rajaji Salai, Chennai 600 001. +2CCs to Mr.D.Senthil, Advocate. SR.Nos.24363 & 24464. +1CCs to Mr.Pala.Ramasamy, Advocate. SR.No.24467. NB COMMON ORDER MADE IN WP(MD).Nos.8224 and 8225 of 2011 RP/29.07.2011/2P/8C. 25.07.2011. https://hcservices.ecourts.gov.in/hcservices/