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2014 DIGILAW 170 (MAD)

G. Sailaja v. Chief Manager & Authorized Officer, Indian Bank

2014-01-27

K.KALYANASUNDARAM, M.JAICHANDREN

body2014
JUDGMENT M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent-bank. 2. This Writ Petition has been filed challenging the notice issued by the respondent, under Section 13[2] of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, dated 8.11.2013. 3. The main contention of the learned counsel appearing on behalf of the petitioner is that the respondent-bank had issued a notice, under Section 13 [2] of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, directing the petitioner to pay a sum of Rs.6,44,948/-, due as on 17.4.2012, with further interest thereon, costs and charges, contrary to the earlier claims made by the respondent-bank. It has also been stated that, as the Civil Suit, in O.S.No.256 of 2012, filed by the respondent-bank is pending, on the file of the II Additional Sub Court, Salem, the impugned notice issued under Section 13[2] of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, dated 8.11.2013, is not maintainable in law. Further, the matter is posted before the Lok Adalat, for a final settlement. While so, it would not be open to the respondent-bank to issue the impugned notice directing the petitioner to discharge the liability, as claimed by the respondent-bank. 4. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner would submit a reply/objection to the impugned notice issued by the respondent-bank, within a period of fifteen days from today, explaining the factual and legal issues and the amount payable by her, if any. 5. The learned counsel appearing for the respondent-bank has no objection for this Court permitting the petitioner to submit a reply/objection to the impugned notice issued by the respondent-bank, dated 8.11.2013, as prayed for by the learned counsel appearing on behalf of the petitioner. 6. In such circumstances, we find it appropriate to permit the petitioner to submit a detailed reply, raising her objections, if any, to the impugned notice issued by the respondent-bank, dated 8.11.2013, within a period of fifteen days from today. On the petitioner submitting such reply, the respondent-bank shall consider the same and pass appropriate orders thereon, as per law. 6. In such circumstances, we find it appropriate to permit the petitioner to submit a detailed reply, raising her objections, if any, to the impugned notice issued by the respondent-bank, dated 8.11.2013, within a period of fifteen days from today. On the petitioner submitting such reply, the respondent-bank shall consider the same and pass appropriate orders thereon, as per law. Till then, the respondent-bank shall not take any further action, against the petitioner, in respect of the property in question. The Writ Petition is disposed of accordingly. No costs. M.P.Nos.1 and 2 of 2014 are closed.