U.KIRUBANANDAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE writ petitioner challenges the notice issued by the Bank under Section 13(2) of the SARFAESI Act, 2002, on the short ground that after having obtained a Certificate of Recovery, in terms of the 1993 Act, the Bank was not entitled to switch over to the SARFAESI mode.

(2.) WE have heard Mr.R.Gowthama Narayanan, learned counsel for the petitioner and Mr.Om Prakash, learned counsel for the respondent-Bank.

(3.) THE petitioner remained ex parte before the Tribunal and the Tribunal passed an order on 23.9.2011, declaring the Bank to be entitled to a Certificate of Recovery. Accordingly, a Recovery Certificate in DRC No.61 of 2011 was issued on 28.10.2011.