LAWS(MAD)-2018-10-644

A. SARAVANAN Vs. REGISTRAR

Decided On October 10, 2018
A. SARAVANAN Appellant
V/S
REGISTRAR Respondents

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent pertaining to the impugned order dated 10.09.2018 made in S.A.SR.No. 9434 of 2018, to quash the same and consequently direct the 1st respondent to number the application dated 10.09.2018 filed under section 17(1) of SARFAESI Act, 2002 and dispose of the same in accordance with law.

(2.) The petitioner has challenged the sale before the Debts Recovery Tribunal, Coimbatore under section 17(1) of SARFAESI Act with a petition to condone the delay of 184 days in filing the Securitisation Appeal. The Registrar of the Debts Recovery Tribunal, Coimbatore, declined to number the Securitisation Appeal for the I reason that the appeal has been filed beyond the period of limitation of 45 days. Challenging this order passed by the Registrar of the Tribunal, the petitioner has filed I the above Writ Petition.

(3.) The learned counsel appearing for the petitioner submitted that an opportunity I may be given to the petitioner to make his submissions before the Presiding Officer with regard to maintainability of the appeal filed under section 17 of SARFAESI Act I The learned counsel further submitted that he would appear before the Presiding President Officer on 210.2018 to make his submissions with regard to maintainability of the I appeal.