This single judge order dismissed a writ petition challenging an order under the SARFAESI Act. The Court held the petition unwarranted as efficacious alternative remedies exist in the Debts Recovery Tribunal and DRAT.
Writ petition dismissed for lack of maintainability due to availability of alternative remedy in Debts Recovery Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2015
CORAM: THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI
W.P(MD)No.3373 of 2015
1.A.Subramanian 2.S.Parvathi ... Petitioners
Vs.
1.The Authorised Officer, ICICI Bank Ltd., Home Loan Division, Thanjavur.
2.ARMS (Air Cil), Recovery Division, No.715/C, 7th Floor, Spencer Plaza, 769, Anna Salai, Chennai 600 002.
3.The District Collector, Collectorate, Thanjavur. ... Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, calling for the records pertaining to the notice Na.Ka.No.14846/2004/E1, dated 07.02.2015 issued by the 3rd respondent to quash the same and pass such other orders as this Court may deem fit and proper in the nature and circumstance of the case and thus render justice.
For Petitioner : Mr.C.Selvaraj For Respondents 1&2 : Mr.Pala.Ramasamy For 3rd Respondent : Mr.V.Manokaran, Special Government Pleader.
ORDER
(Order of the Court was made by S.TAMILVANAN,J)
Challenging the order dated 07.02.2015 passed by the third respondent herein in Na.Ka.No.14846/2004/E1, the present writ petition has been filed seeking an order in the nature of Certiorari to quash the said impugned order.
2.Heard the learned counsel appearing for the petitioner as well as the learned counsel for the respondents.
3.It is an admitted fact that the petitioners herein have obtained loan from ICICI bank represented by the first respondent herein https://hcservices.ecourts.gov.in/hcservices/ and the said bank is admittedly a secured creditor. Since the said loan was not repaid and settled by the petitioners, invoking SARFAESI Act
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proceedings were initiated against the petitioners who are debtors to the said bank. Challenging the same, the present writ petition has been filed.
4.On the facts and circumstances, we are of the view that the writ petition itself is not legally maintainable since there is an efficacious alternative remedy available to the petitioners in approaching the Debts Recovery Tribunal and then the Debts Recovery Appellate Tribunal. Learned counsel for the petitioners has not disputed that even if there is any order passed by the Debts Recovery Tribunal against law, the remedy would be available to the petitioners before the Debts Recovery Appellate Tribunal.
5.Having gone through the grounds raised by the petitioners, we are of the view that the writ petition is not legally maintainable under Article 226 of the Constitution of India.
6.In the aforesaid circumstances, we find it just and reasonable to dismiss the writ petition as not maintainable. Accordingly, the writ petition is dismissed. However, it is open to the petitioners to approach the appropriate authority or forum according to law. No costs. Consequently, M.P(MD)Nos.2 and 3 of 2015 are closed.
Sd/-
Assistant Registrar (T&P)
/True copy/
To
1.The Authorised Officer,
ICICI Bank Ltd.,
Home Loan Division,
Thanjavur.
2.The District Collector, Collectorate,
Thanjavur.
3.ARMS (Air Cil),
Recovery Division,No.715/C, 7th Floor, Spencer Plaza,
769, Anna Salai,Chennai 600 002.
+1cc to Mr.C.Selvaraj, Advocate in SR.No.11590 +1cc to Special Government Pleader in SR.No. 12235
Sm:24.03.2015:2P/6C:
W.P(MD)No.3373 of 2015 11.03.2015
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable against an order passed under the SARFAESI Act.
Whether an efficacious alternative remedy exists in the Debts Recovery Tribunal framework.
1.A.Subramanian & 2.S.Parvathi
1.The Authorised Officer, ICICI Bank Ltd., Home Loan Division, Thanjavur
2.ARMS (Air Cil), Recovery Division...
3.The District Collector, Collectorate, Thanjavur
S.Tamilvanan
V.S.Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
