Writ petition challenged a CJM order passed under Section 14 SARFAESI Act. The court held the petitioner's remedy was an application before the Debts Recovery Tribunal and that a writ petition was not available in contractual matters. Petition dismissed without costs.
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W.P.(MD) No.385 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD)No.385 of 2026
and
W.M.P.(MD)Nos.366 & 368 of 2026
D.Murugesan ... Petitioner
-vs-
1.Indian Overseas Bank, Main Branch, Thanjavur, Rep. by its Authorized Officer, Mr.Bhuprasad Tripathy, T.S.No.1604, South Main Road, Thanjavur – 613 009. 2.Saroja ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order dated 06.11.2025 in Crl.M.P.No.770 of 2025, on the file of the Chief Judicial Magistrate, Thanjavur at Kumbakonam and quash the same.
Page 1 of 3
For Petitioner : Mr.P.Edin Brough For Respondent No.1 : Mr.N.Dilip Kumar, Standing Counsel
W.P.(MD) No.385 of 2026
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
The Writ Petition is filed challenging the order passed by the Chief Judicial Magistrate, Thanjavur, under Section 14 of the SARFAESI Act.
2. The remedy available to the petitioner is to approach the Debts Recovery Tribunal by way of an application. Writ Petition is not a remedy available in matter of contracts.
3. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[G.J., J.] & [K.K.R.K., J.]
12.01.2026
NCC : Yes / No Index : Yes / No Internet: Yes / No MR
_____________ Page 2 of 3_
W.P.(MD) No.385 of 2026
DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.
MR
W.P.(MD)No.385 of 2026
12.01.2026
Page 3 of 3
1 issue framed by the court
Whether a writ petition lies against a Chief Judicial Magistrate's order under Section 14 SARFAESI Act when the remedy is an application to the Debts Recovery Tribunal.
2 provisions across 2 enactments
D.Murugesan
Indian Overseas Bank, Main Branch, Thanjavur, Rep. by its Authorized Officer, Mr.Bhuprasad Tripathy
Saroja
G.Jayachandran
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
