Petitioner sought mandamus directing the Debt Recovery Tribunal to number an appeal filed by a guarantor without requiring production of notices served to the primary borrowers. The court held that exhaustion of tribunal remedies was mandatory.
Writ petition filed under Article 226 seeking direction to DRt to number appeal without notices is dismissed.
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.
W.P.No.8748 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8748 of 2023
Ganesamoorthy
.. Petitioner
Vs
1.M/s.Canara Bank,
rep. by its Authorised Officer, No.5/4, 1st Floor, RVR Building, Head Quarters Road, Coimbatore-641 018.
rep. by its Proprietor Indiramani, No.2/2, ART Nagar, FCI Road, Ganapathy, Coimbatore.
3.M/s.Ganesh Hollow Blocks, rep. by its Proprietor N.Mylsamy, No.2/2, ART Nagar, FCI Road, Ganapathy, Coimbatore.
.. Respondents
___________ Page 1 of 6_
W.P.No.8748 of 2023
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 number the Second Appeal in Diary No.361 of 2023 which was filed on 27.02.2023 without insisting demand notice and possession notice of M/s.Ganesh Agencies/2nd respondent.
For the Petitioner : Mr.B.Gopalakrishnan
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
The petitioner has filed this writ petition for issuance of a writ of mandamus directing the Debts Recovery Tribunal, Coimbatore to number the SA in Diary No.361 of 2023 without insisting on the production of demand notice and possession notice of the second respondent.
Page 2 of 6
W.P.No.8748 of 2023
bank. Due to the default committed by respondents 2 and 3, the erstwhile Syndicate Bank had issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity, “ the Act of 2002 ”], followed by notice under Section 13(4) of the Act of 2002. In the aforesaid two notices, the property of the petitioner has been mentioned and the erstwhile Syndicate Bank has not issued any notice to the petitioner.
Page 3 of 6
W.P.No.8748 of 2023
Page 4 of 6
W.P.No.8748 of 2023
Coimbatore, ventilating all his grievances. Without availing such course before the Debts Recovery Tribunal, the petitioner cannot straightaway knock the doors of this Court under Article 226 of the Constitution of India.
be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 21.03.2023 Index : Yes/No Neutral Citation : Yes/No bbr
To:
The Authorised Officer, Canara Bank, No.5/4, 1st Floor, RVR Building, Head Quarters Road, Coimbatore-641 018.
___________ Page 5 of 6_
W.P.No.8748 of 2023
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr
W.P.No.8748 of 2023
21.03.2023
___________ Page 6 of 6_
2 issues framed by the court
Whether the Debts Recovery Tribunal erred in insisting on production of demand and possession notices before numbering an appeal filed under Section 17.
Whether a writ petition under Article 226 is maintainable when the aggrieved party has not exhausted remedies before the Debts Recovery Tribunal.
4 provisions across 2 enactments
Ganesamoorthy
M/s. Canara Bank
M/s. Ganesh Agencies
M/s. Ganesh Hollow Blocks
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
