A writ petition by borrowers seeking to stay an auction sale of collateral property was dismissed as the Debt Recovery Tribunal represents the appropriate forum for redressal of grievances in this matter.
Petitioner granted liberty to approach Debt Recovery Tribunal for redressal; writ petition closed.
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WP(MD). No.30307 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
WP(MD). No.30307 of 2024 and WMP(MD) No.25492 and 25494 of 2024
Vs
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the respondent from confirming the auction sale conducted on 27.11.2024 pursuant to his sale notice dated 28.08.2024 and thereby direct the
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WP(MD). No.30307 of 2024
respondent to issue NOC and Partial discharge of petitioner property given as collateral based on petitioner representation dated 26.10.2024 submitted through Email and post within the time limit that may be stipulated by this Court.
For Petitioner : Mr.E.Satheesh For Respondents : Mr.Pethu Rajesh
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The appropriate forum to redress the grievance put forth in this writ petition would be the Debt Recovery Tribunal, Madurai. When such an alternative remedy is available, it would not be justifiable to entertain the present writ petition. Accordingly, the petitioner is granted liberty to approach the Debt Recovery Tribunal for redressal of his grievances.
Consequently connected Miscellaneous Petitions are closed.
[M.S.R.,J] [A.D.M.C.,J] 13.12.2024
NCC : Yes/No RR
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WP(MD). No.30307 of 2024
M.S. RAMESH, J. AND A.D.MARIA CLETE, J.
RR
ORDER IN WP(MD) No.30307 of 2024
Date : 13/12/2024
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2 issues framed by the court
Whether the writ petition should proceed when an alternative forum for relief exists.
What is the appropriate procedural course when a Debt Recovery Tribunal is available as an alternative remedy?
M/s. Maxicon Export and others
The Authorized Officer, Canara Bank, Arm Branch, Trichy
The Authorized Officer, Canara Bank, Karur Branch Karur
RAMESH
MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
