Dismissed¶29

Abdullah Sarwar v. Authorised Officer

Madras HC3 Sept 2025WP/21700/2023

Case brief

AI extract

What is this about?

Waiver by conduct of right to challenge bank recovery/auction proceedings; petitioner accepted return of two title deeds and possession pursuant to earlier Madras High Court order, then challenged legality of auction sale; compliance memo by Recovery Officer; writ of mandamus for independent chartered accountant refused; bar on fresh challenge before any Debts Recovery Tribunal to sale of one property; Authorised Officer, SARB, State Bank of India; Article 226 Constitution of India; WP No.21700 of 2023; decided 03.09.2025 by Manindra Mohan Shrivastava, CJ with G. Arul Murugan, J.; WMP Nos.16584, 16582 of 2025 closed; no costs.

What did the court decide?

The Court's earlier order has been complied with: two title deeds have been returned and possession has been handed over to the petitioner. ¶24

Abdullah Sarwar Vs Authorised Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶29

Issue for consideration

Whether a writ of mandamus should issue appointing an independent chartered accountant at the petitioner's cost to arrive at the true picture of correct and legitimate outstanding dues payable to the respondent, and for return of title deeds. +2 more

¶14

Ratio / Principle

The Court's earlier order has been complied with: two title deeds have been returned and possession has been handed over to the petitioner.

¶24

Key takeaways

The petitioner, having sought indulgence of the Court and obtained return of the title deeds of two properties and possession, cannot turn around to challenge the proceedings; by his conduct he has waived his right to challenge all the proceedings, and the petition is dismissed with no order as to costs.ratio¶29
No Debts Recovery Tribunal shall now entertain any petition by the petitioner challenging the sale of one of his properties.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (Manindra Mohan Shrivastava, CJ, authoring the order, and G. Arul Murugan, J.) dismissed a writ petition under Article 226 of the Constitution of India in which the petitioner (in person) sought a mandamus for appointment of an independent chartered accountant at his cost to determine the correct outstanding dues payable to the Authorised Officer, SARB, State Bank of India, and return of title deeds. On a memo filed by the Recovery Officer in compliance with the Court's earlier order, the Court recorded that two title deeds had been returned and possession handed over after removal of lock and seal. Holding that the petitioner, who had taken a somersault by then pressing the petition on the ground that the auction proceedings were illegal, had by his conduct — after seeking the Court's indulgence and securing return of title deeds and possession — waived his right to challenge all the proceedings, the Court dismissed the petition with no order as to costs, closed WMP Nos.16584 and 16582 of 2025, and declared that no Debts Recovery Tribunal shall entertain any petition challenging the sale of one of the petitioner's properties.

¶1

WP No.21700 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03.09.2025

¶4

CORAM

¶5

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

¶6

CHIEF JUSTICE

¶7

AND

¶8

THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

¶9

WP No.21700 of 2023

¶10

Abdullah Sarwar : Petitioner

¶11

versus

¶12

Authorised Officer, SARB, State Bank of India, rep. By its Assistant General manager, Red Cross Buildings, 32, Red Cross Road, Egmore Chennai 600008

¶13

: Respondent

¶14

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus appointing an independent chartered accountant at petitioner's cost, which petitioner is willing to pay for arriving at the true picture and status of correct and legitimate outstanding dues payable towards respondents return of title deeds any other appropriate writ or order or direction.

¶15

For Petitioner : Mr.Abdullah Sarwar Petitioner-in-person

¶16

For Respondent : Mr.M.L.Ganesh

¶17

Page 1 of 5

¶18

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

¶19

WP No.21700 of 2023

¶20

ORDER

¶21

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

¶22

In compliance of the order passed by this Court earlier, a memo has been submitted before this Court by the Recovery Officer, which clearly shows that the two title deeds have been returned to the petitioner and even possession of the property has also been given to the petitioner, after removing the lock and seal.

¶23

Indulgence was shown to the petitioner when the petitioner gave an impression on the last date of hearing that at this stage, when one of the property has already been sold, and the dues stand fully satisfied, the title deeds in respect of two more properties and possession of the property may be returned to him.

¶24

After going through the memo filed by the Recovery Officer, we are satisfied that the order passed by this Court has been complied with, two title deeds have been returned and possession has also been handed over to the petitioner.

¶25

Page 2 of 5

¶26

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

¶27

WP No.21700 of 2023

¶28

The petitioner in the most ingenious manner takes a somersault today and starts pressing this petition saying that the auction proceedings were illegal.

¶29

The petitioner having sought indulgence of this Court, now cannot be allowed to turn around, when the title deeds of two properties have already been returned to him and possession has also been handed over. The petitioner by his conduct has waived his right to challenge all the proceedings. Therefore, the petition stands dismissed. There will be no order as to costs. Consequently, WMP Nos.16584, 16582 of 2025 are closed.

¶30

No petition shall now be entertained by any Debts Recovery Tribunal in the matter of challenge to the sale of one of the properties of the petitioner.

¶31

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 03.09.2025

¶32

Neutral Citation : Yes/No

¶33

Page 3 of 5

¶34

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

¶35

WP No.21700 of 2023

¶36

tar