M. VEDHAGIRI Vs. AUTHORISED OFFICER HDFC BANK

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dtd. 24/8/2022 and for a consequent direction to permit the petitioner to exhaust the remedy available to the petitioner in a manner known to law.

(2.) According to the petitioner, he is a tenant in respect of the property in question under the respondents 3 and 4. The petitioner has also averred that the respondents 3 and 4 availed a loan from the respondents 1 and 2 and defrauded in repaying the loan amount, hence, the bank had initiated proceedings under the SARFAESI Act. The petitioner submitted that he was unaware of the said loan transaction, hence, he should be given the details of the loan availed by the respondents 3 and 4.

(3.) The petitioner being a third party, and who is not connected with the loan transaction of the respondents 3 and 4, he cannot be provided with the details of the loan transaction. However, in the event of the petitioner being aggrieved over the proceedings initiated by the respondents 1 and 2 under the SARFAESI Act, it is always open to him to approach the Debts Recovery Tribunal under sec. 17 of the SARFAESI Act.