Petitioner challenged possession and sale notices issued under SARFAESI Act. Court held that an alternative efficacious remedy exists before the Debts Recovery Tribunal, rendering the writ petition devoid of merits, and dismissed it.
Petition dismissed with liberty to approach the Debts Recovery Tribunal; connected miscellaneous petitions 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2017 CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and
THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
W.P.(MD)No.8788 of 2017
and WMP (MD) Nos.6744 to 6746 of 2017
S.Murugan
.. Petitioner
Vs.
1.The Chief Manager & Authorised Officer, Bank of India,
Asset Recovery Department
Star House,
324 Oppanakara Street, Coimbatore.
2.The Branch Manager, Bank of India Iyer Bungalow Branch Iyer Bungalow, Madurai-625 017 .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the possession notice dated 14.03.2017 and Notice of sale No.ZO/CBE/ARD/SARFAESI/2016-17/XXVI/008 dated 31.03.2017 issued by the 1st respondent and quash the same.
For Petitioner : Mr.K.Seemaraj For Respondents : Mr.Pala Ramasamy
ORDER
(Order of the Court was made by P.N.PRAKASH, J.)
This writ petition has been filed challenging the possession notice dated 14.03.2017 and Notice of sale No.ZO/CBE/ARD/SARFAESI/ 2016-17/XXVI/008 dated 31.03.2017 issued by the 1st respondent.
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merits. Accordingly, this petition is dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To
1.The Chief Manager & Authorised Officer, Bank of India, Asset Recovery Department Star House, 324 Oppanakara Street, Coimbatore. 2.The Branch Manager, Bank of India Iyer Bungalow Branch Iyer Bungalow, Madurai-625 017 +One cc to Mr.K.Seemaraj, Advocate, SR.No.55612 +1CC TO Mr.Pala Ramasamy, Advocate, sr no.56699 RR RL/4C/2P/MR/SAR3/11.5.2017
ORDER MADE IN W.P.(MD)No.8788 of 2017 and WMP (MD) Nos.6744 to 6746 of 2017 04.05.2017
1 issue framed by the court
Whether the writ jurisdiction can be exercised to challenge possession and sale notices issued under the SARFAESI Act when an alternative remedy exists before the Debts Recovery Tribunal.
2 provisions across 2 enactments
S.Murugan
The Chief Manager & Authorised Officer, Bank of India, Asset Recovery Department
The Branch Manager, Bank of India Iyer Bungalow Branch
P.N.PRAKASH
N.AUTHINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
