W.P.No.25243 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2022
CORAM :
THE HON'BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.No.25243 of 2022
S.Arvind Karthick,
Prop. M/s.Mass Fibres,
18/4, Thensangampalayam,
N.M.Sungum Road,
Pollachi. .. Petitioner
Vs
1.Tamilnadu Mercantile Bank Limited,
through its Authorized Officer,
Coimbatore Regional Office,
Pollachi Branch,
D.No.76 & 77, New Scheme Road,
Pollachi.
2.S.Jannath Bebe .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a writ of certiorarified mandamus calling for the records
relating to order of possession dated 5.4.2022 on the file the Chief
Judicial Magistrate, Coimbatore in CMP.No.1490 of 2022 and quash the
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W.P.No.25243 of 2022
same and consequently direct the respondents to refrain from taking
any action in respect of petitioner's property till the disposal of
S.A.No.329 of 2021 pending before the Debts Recovery Tribunal,
Coimbatore.
For the Petitioner : Mr.R.John Joseph
for Mr.R.Sreerangan
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus calling for the records relating to the order of possession dated 5.4.2022 on the file of the Chief Judicial Magistrate, Coimbatore in C.M.P.No.1490 of 2022 and quash the same and consequently direct the respondents to refrain from taking any action in respect of the petitioner's property till the disposal of S.A.No.329 of 2021 pending before the Debts Recovery Tribunal, Coimbatore.
2. The petitioner has filed the above writ petition under Article 226 of the Constitution of India challenging the order passed by the Chief Judicial Magistrate, Coimbatore in Crl. M.P.No.1490 of 2022 ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.25243 of 2022 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity, “the Act of 2002”].
3. In the judgments in Agarwal Tracom Private Limited v. Punjab National Bank and others, (2018) 1 SCC 626; Authorised Officer, State Bank of Travanvore and another v. Mathew K.C., (2018) 3 SCC 85 and ICICI Bank Limited v. Umakanta Mohapatra, (2019) 13 SCC 497, the Hon'ble Supreme Court held that the aggrieved party cannot challenge the SARFAESI proceedings directly by filing writ petition under Article 226 of the Constitution of India without exhausting the appeal remedy available to them. The ratio laid down by the Hon'ble Supreme Court in the above referred judgments is applicable to the present case.
4. Since the petitioner has filed the above writ petition without exhausting the alternate remedy available to him under Section 17 of the Act of 2002 and following the ratio laid down by the Hon'ble ____________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.25243 of 2022 Supreme Court in the cases referred supra, we are not inclined to entertain the writ petition.
5. Accordingly, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.24193 and 24195 of 2022 are closed.
(M.D., ACJ.) (S.M., J.)
19.09.2022
Index : No
bbr
To:
The Authorized Officer,
Tamilnadu Mercantile Bank Limited, Coimbatore Regional Office, Pollachi Branch, D.No.76 & 77, New Scheme Road, Pollachi.
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bbr W.P.No.25243 of 2022 19.09.2022 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis