A borrower challenged a bank's tender-cum-sale notice seeking quashing and a revival scheme under the MSME Development Act 2006. The Court held the Debt Recovery Tribunal was the appropriate forum and declined to entertain the writ petition, granting liberty to approach it.
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WP(MD). No.31230 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND
THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
WP(MD). No.31250 of 2024 and WMP(MD) No.26191 of 2024
M/s.Sri Kandha Agencies Rep. by its Proprietor S.Dhanabalan ... Petitioner
Vs
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned tender cum sale notice dated 20.11.2024 issued by the 1st respondent and quash the same as 1/3
WP(MD). No.31230 of 2024
illegal and unconstitutional consequently direct the respondents 1 and 2 to formulate a revival and rehabilitation scheme fro the petitioners agency as per the MSME - Development Act 2006.
For Petitioner : Mr.M.Jayakumar For Respondents : Mr.N.Dilipkumar
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.
costs. Consequently connected Miscellaneous Petition is closed.
[M.S.R.,J] [A.D.M.C.,J] 06.01.2025
NCC : Yes/No RR
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WP(MD). No.31230 of 2024
M.S. RAMESH, J. AND A.D.MARIA CLETE, J.
RR
ORDER IN WP(MD) No.31250 of 2024
Date : 06.01.2025
3/3
1 issue framed by the court
Whether the writ petition challenging a tender-cum-sale notice should be entertained when an alternative remedy exists before the Debt Recovery Tribunal.
1 provisions across 1 enactments
M/s.Sri Kandha Agencies Rep. by its Proprietor S.Dhanabalan
The Authorized Officer /Chief Manager, City Union Bank Credit Recovery and Management Department
The Branch Manager, City Union Bank Thuvakudi Branch Trichy
M.S. Ramesh
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
