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TMI Blog2013 (5) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... ent respondent Bank - HDFC Bank Ltd, by the passage of time. Held that - In view of the law declared by the Apex Court in Mardia Chemicals Limited v. Union of India [2004(4) TMI 294], this Court observed that, no writ petition was maintainable and the party, if at all aggrieved, was to approach the DRT. In view of the law declared by the Apex Court as mentioned hereinbefore and so also in view of the verdicts passed by this Court by way of Exts.P4 and P5, both by Single Bench and the Division Bench, it is not open for this Court to have the alleged cause of action entertained on merits. In the above circumstances, this Court finds that no interference is warranted. Writ petition fails and it is dismissed accordingly. - W.P.(C) No. 92 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of the petitioner is that, the Bank has filed O.A. before the DRT for realisation of the amount due under the loan transaction. During the pendency of the above proceedings, Lord Krishna Bank proceeded with steps under the SARFAESI Act, by issuing notice under Section 13(2), which was sought to be challenged by some of the defendants in the O.A, who approached this Court by filing O.P.No.39335/2002. Holding that the challenge raised against Section 13(2) notice, if at all any, had to be made before the concerned Tribunal by filing appeal under Section 17 of the Act and that the issue was squarely covered by the decision rendered by the Apex court in Mardia Chemicals Limited v. Union of India (2004(4) SCC 311), interference was declined, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as Ext.P7. Being aggrieved of the course pursued by the Tribunal, the first petitioner to Ext.P4 judgement ( first appellant in Ext.P5) has approached this Court by filing W.P(C) No.33453/09 ( Ext.P8), which is stated as pending. 6. Sri.S.Sreekumar, the learned counsel for the petitioner submits that, detailed statement of objection has been preferred in response to Ext.P1, as borne by Ext.P9. It was replied by the Bank as per Ext.P10. Ext.P12 notice demanding possession was issued on 10/03/2012. During the pendency of the above writ petition, the petitioner has filed I.A.8374/12 producing a copy of the notice dated 12/6/12 issued by the Advocate Commissioner, appointed by the concerned CJM Court, in a petition under Section 14 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice of this Court that, out of the total five items of properties, only one item was taken possession of, which in fact, was a building almost in an abandoned condition. The learned counsel for the petitioner submits that, there is a stay of further proceedings in S.A.No.96/2008, in respect of the said property. 9. After hearing both the sides and also on going through the pleadings and proceedings, this Court finds that the first point to be considered is whether the writ petition is maintainable before this Court. Then alone will arise the need and necessity to consider the merits involved. The petitioners themselves have conceded that some of the defendants in the O.A. including the Managing Director of the petitioner Company had ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statutory prescription, even after the amendment, whereby an opportunity has been conferred on the aggrieved party to ventilate the grievance by filing a representation or statement of objection, on service of notice under Section 13(2). Sub Section 3A to Section 13 was accordingly introduced in the statute book, by way of Act 30 of 2004 with effect from 11/11/2004, which is extracted below: 13(3A) "If, on receipt of the notice under sub- section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within one we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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