Madras High Court
K.Rajeswari ... Revision vs The Chief Judicial Magistrate / on 23 September, 2021
C.R.P(MD)No.1379 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P(MD)No.1379 of 2021
K.Rajeswari ... Revision Petitioner /
Appellant
-Vs-
1. The Chief Judicial Magistrate /
The District Magistrate,
District Court Complex,
Tirupur.
2.The Authorised Officer,
South Indian Bank Ltd.,
1st Floor, YMCA Building,
70 feet Road, Ellis Nagar,
Madurai – 625 001. ... Respondents /
Defendants 1 and 2
PRAYER : Petition is filed under Article 227 of the Constitution of
India, praying to allow the Civil Revision Petition filed by the Civil
Revision Petitioner by setting aside the orders of dismissal passed by
the DRT, Madurai in I.A.No.895 of 2021 in S.A.No.240/2021 on
16-07-2021.
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C.R.P(MD)No.1379 of 2021
For Petitioner : Mr.S.Rengasamy
O R D E R0
(Order of the Court was made by V. BHARATHIDASAN, J.)
Challenging the order passed by the Debt Recovery Tribunal,
Madurai in I.A.No.895 of 2001, dated 16.07.2021, the present
Revision has been filed.
2. The petitioner is the guarantor. Earlier, a proceeding under
Section 13 of the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, has been
initiated at the instance of the creditor viz., the 2 nd respondent herein,
and an application under Section 14 of the Act was also filed before
the learned Chief Judicial Magistrate, Tiruppur in Cr.M.P.No.509 of
2020. By an order dated 12.03.2021, the learned Chief Judicial
Magistrate, Tiruppur allowed the application and appointed the
Advocate Commissioner to take possession of the mortgaged property.
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C.R.P(MD)No.1379 of 2021
3. Challenging the above said order, the petitioner has filed an
appeal under Section 17 of the Act, before the Debt Recovery
Tribunal, Madurai in S.A.No.240 of 2021. Pending the appeal, the
petitioner filed an application seeking to stay the operation of the
order, dated 12.03.2021, passed by the learned Chief Judicial
Magistrate, Tiruppur. The above application has been dismissed by
the Debt Recovery Tribunal, by an order dated 16.07.2021. Now,
challenging that order, the present Revision has been filed, under
Article 227 of the Constitution of India.
4. Mr.S.Rengasamy, the learned counsel appearing for the
petitioner would contend that the proceedings initiated under Section
14 of the Act is civil in nature. In the said circumstances, the
petitioner can maintain the revision before this Court. In support of
his contention, the learned counsel also relying upon the Judgment of
the Hon'ble Supreme Court in Sesh Nath Singh Vs. Baidyabati
Sheoraphuli Co-operative Bank Ltd., reported in (AIR 20021 SC
2637).
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C.R.P(MD)No.1379 of 2021
5. We have heard the learned counsel for the petitioenr and
perused the materials available on record.
6. The order passed by the Debt Recovery Tribunal is sought to
be challenged in this Revision. Admittedly, against the order passed
by the Debut Recovery Tribunal under Section 17, only an appeal lies
under Section 18 of the Act before the Appellate Tribunal. When an
effective alternative remedy is available to the petitioner by way of
filing appeal before the Debt Recovery Appellate Tribunal, without
resorting such remedy, the petitioner cannot maintain the present
Civil Revision Petition, before this Court, under Article 227 of the
Constitution of India. Hence, we are of the considered opinion that
the Revision is not maintainable and the same is liable to be
dismissed. However, liberty is granted to the petitioner to approach
the Debt Recovery Appellate Tribunal and file a necessary application
challenging the order.
7. At this juncture, the learned counsel for the petitioner would
submit that, since the appeal is pending with the Debut Recovery
Tribunal for long time, the Debt Recovery Tribunal, Madurai, may be
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C.R.P(MD)No.1379 of 2021
directed to dispose of the appeal within a reasonable time.
8. Considering the above submissions, the Debt Recovery
Tribunal is directed to consider the petitioner's appeal filed in S.A.No.
240 of 2021 and dispose of the same, on merits, within a period of six
weeks from the date of receipt of copy of this order, after hearing the
petitioner and other interest parties.
9. In the Result, the Civil Revision Petition is dismissed. No
costs.
[V.B.D.,J.] [J.N.B.,J.]
23.09.2021
Index : Yes / No
Internet : Yes / No
mpk
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
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C.R.P(MD)No.1379 of 2021
advocate / litigant concerned.
To
1. The Debt Recovery Tribunal,
Madurai.
2. The Chief Judicial Magistrate /
The District Magistrate,
District Court Complex,
Tirupur.
3.The Authorised Officer,
South Indian Bank Ltd.,
1st Floor, YMCA Building,
70 feet Road, Ellis Nagar,
Madurai – 625 001.
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C.R.P(MD)No.1379 of 2021
V.BHARATHIDASAN,J.
and
J.NISHA BANU, J.
MPK
ORDER MADE IN
C.R.P(MD)No.1379 of 2021
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No.1379 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
