The court dismissed a writ petition praying for the quashing of a bank auction notice. Relying on precedents that the Tribunal is an effective alternative forum, the court held that objections should be raised before the tribunal.
Writ petition dismissed; no costs; connected miscellaneous petition closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16/2/2017
The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj
Writ Petition No.3914 of 2017
G.S.Gandhimani ... Petitioner
Vs
1. The District Collector
Erode District
Erode.
2. The Authorised Officer
Chief Manager (Recovery)
State Bank of Travancore
Regional Office
Region - IV
Avarampalayam Road
No.260 V.V.Complex
Coimbatore 641 044. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari, to call for the records relating to the Tender-cum-Auction notice of the second respondent Bank No.Nil, dated 9/1/2017 and quash the same.
For petitioner ... Mr.G.Sankaran For respondents ... Mr.TM.Pappaiah, Special Government Pleader for R.1.
(Order of the Court was made by S.Manikumar,J)
Hon'ble Supreme Court in the case of Union Bank of India, followed by this Court in the cases of Saraspathy Sundararaj and Precision Fastenings, held that the Tribunal is an effective and alternative forum. Therefore, we are not inclined to entertain the instant writ petition.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
1. The District Collector
Erode District
Erode.
2. The Authorised Officer
Chief Manager (Recovery)
State Bank of Travancore
Regional Office
Region - IV
Avarampalayam Road
No.260 V.V.Complex
Coimbatore 641 044.
copy to
The Section Officer
Current Section High Court Madras
+1 cc to M/s.G.Sankaran Advocate sr 10198
Writ Petition No.3914 of 2017
rp(co) aa16/02/2017
2 issues framed by the court
Whether the contentions raised in the writ petition regarding the auction notice are maintainable before this Court or should be approached before the tribunal under Section 17(1) of the SARFAESI Act.
Whether the Tribunal constitutes an effective and alternative forum for disputes regarding auction notices under the SARFAESI Act.
G.Gandhimani
The District Collector, Erode District
The Authorised Officer, Chief Manager (Recovery), State Bank of Travancore
S.Manikumar
M.Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
