(Order of the Court was made by S.MANIKUMAR, J) Before the Debt Recovery Tribunal, Coimbatore, borrowers have filed SARFAESI application, under Section 17 (1) of the SARFAESI Act, 2002, challenging sale notice dated 3/6/2017, but with a delay of 61 days. Registry of the Tribunal has returned the papers by making the following endorsement Petition for condoning delay in filing SARFAESI Application cannot be taken up as SARFAESI Act being a special act and time stipulated for filing application under Section 17 (1) of the Act is within 45 days.
2. Being aggrieved, borrowers have filed the instant writ petition for a writ of mandamus, to direct the fifth respondent to receive and number the petition filed, for condoning the delay, in filing the application, under
Section 17 (1) of SARFAESI Act, which was returned on 24/10/2017.
3. After filing the writ petition, submission seemed to have been made, before the Debt Recovery Tribunal, to entertain SARFAESI application, filed under
Section 17 (1) of the Act. Learned counsel for the petitioner submitted that on the above said submission, Tribunal has assigned number to condone delay application.
4. In view of the above, learned counsel for the petitioner seeks for disposal of the writ petition.
5. Recording the same, writ petition is disposed of. No costs.
(S.M.K.,J) (R.S.K.,J) 21st November 2017 mvs.
Index : Yes/No Internet : Yes/No S.MANIKUMAR,J & R.SURESH KUMAR,J mvs.
To
1. The Registrar Debt Recovery Tribunal Coimbatore.
Writ Petition No.28339 of 2017 21/11/2017