S SENTHILATHIPAN Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondent.

(2.) Admittedly, the proceedings under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as 'the Act') has been initiated against the Petitioner and has already moved the Debts Recovery Tribunal and as submitted by the learned Counsel for the Petitioner, the tribunal after hearing the parties has also reserved orders. In the meantime, the Petitioner anticipated that the Respondent is likely to take physical possession of the property without waiting for the order of the Tribunal. Such prayer cannot be actually granted at this stage. When once the tribunal under the Act is seized of the matter, it is not for this Court to give any direction. Needless to state that when the matter is pending before the Debts Recovery Tribunal, the Respondent cannot certainly take such forceful possession except by following the procedure which is contemplated under Section 14 of the Act, which is as follows:

(3.) In such view of the matter, except making the above said observation, there is no further relief granted. The writ petition stands closed accordingly. No costs. Consequently, connected miscellaneous petition is closed.