The Madurai Bench of the Madras High Court dismissed a writ petition challenging a bank's sale certificate. The Court held it could not adjudicate validity as the sale was pending before the Debts Recovery Tribunal and disposed of the matter accordingly.
Writ petition dismissed; connected miscellaneous petitions closed; no order as to costs.
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.(MD).No.23791 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.23791 of 2022 and
W.M.P.(MD).Nos.17856 and 17857 of 2022
S.Lakshmi
.. Petitioner
Vs.
Page 1 of 5
W.P.(MD).No.23791 of 2022
7.R.S.Ravi
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned sale certificate dated 02.12.2010 issued by the 1st respondent Bank and quash the same as illegal and consequently forbear the respondents 1 to 8 from in anyway dispossessing from the petitioner from the house property measuring 4980 sq.ft. with house building bearing Door No.8A (Old) New No.10 situated in Old T.S.No.1886/2, New T.S.No.2451 in Pulimandapam in Block No.38, in Old Ward No.2, New Ward B in Thimmarayasamuthiram Village, Srirangam, Trichy.
| For Petitioner | : Mr.V.Santhakumaresan |
|---|---|
| For R-1 | : Mr.N.Dilip Kumar |
| For R-6 | : Mr.C.Muthu Saravanan |
| For R-7 | : Mr.R.Sundar |
Page 2 of 5
W.P.(MD).No.23791 of 2022
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The present Writ Petition has been instituted challenging the sale certificate issued by the first respondent dated 02.12.2010.
Page 3 of 5
W.P.(MD).No.23791 of 2022
order as to costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (L.V.G.,J.) 18.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To
Page 4 of 5
W.P.(MD).No.23791 of 2022
S.M.SUBRAMANIAM,J. and L.VICTORIA GOWRI,J.
Lm
W.P.(MD).No.23791 of 2022
18.12.2023
Page 5 of 5
1 issue framed by the court
Whether the High Court can adjudicate the validity of a sale certificate issued under SARFAESI Rules when the challenge to the sale itself is pending before the Debts Recovery Tribunal.
1 provisions across 1 enactments
S.Lakshmi
Authorized Officer, Indian Overseas Bank, Regional Office No.4
M/s.Hotel Manivilasi Unit – I
M/s.Hotel Manivilas Unit – II
M/s.Vasan Canteen Services
R.S.Ravi
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
