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2014 DIGILAW 1902 (MAD)

Surana Industries, A partnership firm Represented by its Managing Partner v. Small Industries Development Bank of India, Represented by its Authorised Officer

2014-07-03

S.RAJESWARAN, S.VAIDYANATHAN

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JUDGMENT S. Rajeswaran, J. 1. The petitioner has filed this writ petition for the issuance of a Writ of Prohibition prohibiting the respondent-Bank from pursuing any recovery proceedings for having abandoned its action initiated under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, on 21.4.2011 which has become barred by limitation. 2. We have heard Mr.T.Ashok Surana, petitioner appearing in person. 3. At the outset, a question was put before the petitioner appearing in person as to how the writ is maintainable, which is filed challenging Section 13(2) notice issued by the respondent-Bank, under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the SARFAESI Act, 2002, on 21.4.2011 and secondly, how a prohibitory relief could be sought for restraining the respondent-Bank from taking any recovery proceedings under Section 13(4), after having abandoned its action initiated under Section 13(2) of the SARFAESI Act. 4. When the petitioner, appearing in person, himself has stated that the respondent-Bank has abandoned its action initiated under Section 13(2) of the proceedings under the SARFAESI Act, 2002, however, he apprehends that the respondent-Bank would take recovery proceedings by invoking Section 13(4) of the SARFAESI Act and hence he pleads that the writ petition with this prayer is maintainable. 5. The Hon'ble Apex Court in UNITED BANK OF INDIA Vs. SATYAWATI TONDON AND OTHERS reported in [2010] 8 SCC 110 has reiterated that whenever there is an alternative and effective remedy available, filing of writ petitions under Article 226 of the Constitution of India, by-passing the provisions of the remedy under statutory law, more particularly, in SARFAESI proceedings, should not be entertained. Hence, there is no cause of action to be challenged, as the case of the petitioner is that the respondent-Bank has proposed to take action under Section 13(4) of the SARFAESI Act. It is a trite law that a writ petition can never be filed in anticipation. 6. Therefore, the writ petition is devoid of merits and the same is hereby dismissed. No costs. It is open to the petitioner to approach the appropriate Forum as and when the Bank initiates any action against the petitioner.