High Court dismissed a writ petition challenging a bank's sale notice. The court held that since the auction and sale certificate were already completed, the petitioner must seek redress under the SARFAESI Act before the Debts Recovery Tribunal, not via writ jurisdiction.
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.26436 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
W.P.(MD)No.26436 of 2023 and W.M.P.(MD) Nos.22737 and 22739 of 2023
M.Kajamaideen
... Petitioner
Vs.
The Manager / Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, No.8, Dr.Ambedkar Road, Vinayagar Nagar Branch First Floor, Madurai.
...Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the respondent's impugned Sale Notice dated 05.04.2023 and quash the same as illegal and forbearing the respondent's Bank, their men, agents proceeding further for sale of the petitioner's properties.
For Petitioner : Mr.M.Shakul Hameed
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W.P.(MD)No.26436 of 2023
For Respondent : Mr.P.Pethu Rajesh
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The Sale Notice dated 05.04.2023, issued by the Authorized Officer
is under challenge in the present Writ Proceedings.
his grievances before the appropriate forum in the manner known to law.
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W.P.(MD)No.26436 of 2023
Consequently, connected Writ Miscellaneous Petitions are closed.
(S.M.S., J.) & (R.K.M., J.)
03.11.2023
NCC : Yes / No Index : Yes / No
SJ
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W.P.(MD)No.26436 of 2023
S.M.SUBRAMANIAM, J. AND R.KALAIMATHI, J.
SJ
W.P.(MD)No.26436 of 2023
03.11.2023
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2 issues framed by the court
Whether a writ petition challenging a sale notice under SARFAESI Act is maintainable when the auction and certification have already been completed elsewhere.
Whether the petitioner must redress grievances before the appropriate forum (DRT) despite approaching the High Court directly.
3 provisions across 3 enactments
M.Kajamaideen
The Manager / Authorized Officer, State Bank of India
S.M.Subramaniam
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
