Dismissed

P.Rajkumar v. Jana Small Finance Bank Ltd.

Madras HC10 Nov 2022WP/26901/2022

Case brief

AI extract

What is this about?

The Court dismissed a writ petition seeking a stay on property attachment and an extension of payment time before the Debts Recovery Tribunal. The Court held that since an effective alternative statutory remedy exists under the SARFAESI Act, the writ jurisdiction under Article 226 is prohibited.

What did the court decide?

The writ petition was dismissed with no order as to costs; consequently, the cross-matter was closed.

P.Rajkumar Vs Jana Small Finance Bank Ltd. — Banking and Recovery | Madras HC (2022)

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W.P.No.26901 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.11.2022

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CORAM :

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THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.26901 of 2022

P.Rajkumar

.. Petitioner

Jana Small Finance Bank Limited, Formerly as “Janalakshmi Financial Services Ltd.” Having their Regd. Office at the Fairway Business Park, Nos.10/1, 11/2 & 12/2B, Off Domlur, Koramangala Ring Road, Next to EGL, Challaghatta, Bangalore-560 071 Having Branch Office at: Seshammal Towers, No.259/4/129, Saradha College Road, Opp. Annasalai, Alagapuram, Salem-636 016. .. Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Debts Recovery Tribunal, Coimbatore, to extend the time for making payment as per the order made in S.A.No.698 of 2022 dated 22.07.2022 on the file of the Debts Recovery Tribunal, Coimbatore and till such time not to

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.26901 of 2022

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proceed the attachment of the property of the petitioner.

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For the Petitioner : Mr.K.Sathish Kumar

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For the Respondent : No Appearance (Notice served)

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ORDER

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(Order of the court was made by the Hon'ble Acting Chief Justice)

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This writ petition has been filed with a peculiar prayer to direct the Debts Recovery Tribunal, Coimbatore, to extend the time for making payment as per the order dated 22.07.2022 passed in S.A.No.698 of 2022 on the file of the Debts Recovery Tribunal, Coimbatore, and to not proceed with the attachment of the property of the petitioner till then.

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If the petitioner is aggrieved by the order dated 22.7.2022

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passed in S.A.No.698 of 2022 by the Debts Recovery Tribunal, Coimbatore, he has an effective alternative remedy under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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https://www.mhc.tn.gov.in/judis

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W.P.No.26901 of 2022

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It is a settled legal position that when there is an effective alternative statutory remedy available, the invocation of the writ jurisdiction under Article 226 of the Constitution of India is prohibited.

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In view of the above, writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.No.26095 of 2022 is closed.

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10.11.2022

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Index : No sasi

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___________ Page 3 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.No.26901 of 2022

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T.RAJA, ACJ. AND D.BHARATHA CHAKRAVARTHY, J.

(sasi)

W.P.No.26901 of 2022

10.11.2022

___________ Page 4 of 4_

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https://www.mhc.tn.gov.in/judis

P.Rajkumar v. Jana Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

P.Rajkumar v. Jana Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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