Madras High Court
C. Nirmala vs Unknown on 25 April, 2022
W.P. No.10101 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
W.P. No.10101 of 2022
and W.M.P. Nos.9792 & 9794 of 2022
C. Nirmala .. Petitioner
v.
1. The Authorised Officer,
Canara Bank,
No.114, Chamundi Street,
Gugai, Salem – 636 006.
2. C. Manoharan
3. R. Thiagarajau
4. R.Sivaraj
5. R.Kotteswaran
6. The Sub Registrar,
SRO, Errumaipatti,
Namakkal District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Certiorarified Mandamus,to call for the
records of the 1st respondent pertaining to the Sale Certificate dated
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W.P. No.10101 of 2022
10.02.2022 registered as Doc.No.309/2022 at SRO, Erumaipatti,
Namakkal and quash the same and consequently direct the 6th
respondent to cancel the Registration of the Sale Certificate dated
10.02.2022, executed by the 1st respondent in favour of the 3rd to 5th
respondents.
For Petitioner : Mr. P.S. Ganesan
for Ms. Radhika Boopathi
ORDER
(Order of the Court made by M.DURAISWAMY,J.)
The petitioner has filed the above Writ Petition to issue a Writ
of Certiorarified Mandamus to call for the records of the 1 st respondent
pertaining to the Sale Certificate dated 10.02.2022 registered as
Doc.No.309/2022 at SRO, Erumaipatti, Namakkal, to quash the same
and consequently directing the 6th respondent to cancel the Registration
of the Sale Certificate dated 10.02.2022, executed by the 1st respondent
in favour of the respondents 3 to 5.
2. The petitioner has filed the Writ Petition challenging the sale
https://www.mhc.tn.gov.in/judis
W.P. No.10101 of 2022
certificate issued under the provisions of the SARFAESI Act, without
exhausting the alternative remedy available to him under section 17 of
the SARFAESI Act.
3. The Hon'ble Supreme Court, in the following judgments held
that remedy open to the aggrieved party in respect of the proceedings
initiated under the under the SARFAESI Act is to file an appeal
under section 17 of the SARFAESI Act and not under Article 226 of the
Constitution of India. Further, the Hon'ble Supreme Court of India held
that Writ Petition field under Article 226 of the Constitution of India
under the SARFAESI Act is not maintainable.
(i) The Hon'ble Supreme Court of India, in the
judgments reported in 2018 (3) Supreme Court Cases
85 [Authorized Officer, State Bank of Travancore
and another Vs. Mathew K.C.], and 2018 (1)
Supreme Court Cases 626 [Agarwal Tracom
Private Limited Vs. Punjab National Bank and
others] held that the aggrieved parties cannot
challenge the SARFAESI proceedings directly by
filing a Writ Petition under Article 226 of the
Constitution of India without exhausting the appeal
remedy available to them.
(ii) In a decision of the Hon'ble Supreme Court
dated 05.10.2018 in ICICI Bank Limited v.
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W.P. No.10101 of 2022
Umakanta Mohapatra, Civil Appeal Nos.10251 –
10265 of 2018 arising out of SLP (C) Nos.16758 –
16772 of 2015, the Supreme Court has referred to the
decision in Authorized Officer, State Bank of
Travancore and Anr. vs. Mathew K.C., (2018) 3
SCC 85 and has observed that despite several
judgments, including the decision of Mathew K.C.,
supra, the High Courts continue to entertain matters
which arise under the Securitisation and
Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 (in short 'SARFAESI')
and keep granting interim orders in favour of persons
who are Non-Performing Assets. Further, the Apex
Court held that Writ Petition filed by the aggrieved
party without exhausting the statutory remedy
available under the SARFAESI Act and Recovery of
Debts Due to Banks and Financial Institutions Act, is
not maintainable.
4. The ratio laid down by the Hon'ble Apex Court in the above
referred judgments is applicable to the present case
5. Since the petitioner has filed the Writ Petition without
exhausting the alternate remedy available to him under section 17 of the
SARFAESI Act, following the ratio laid down by the Hon'ble Supreme
Court, in the above referred judgments, the Writ Petition is not
maintainable. Accordingly, the Writ Petition is dismissed. No costs.
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W.P. No.10101 of 2022
Consequently, the connected Miscellaneous Petitions are closed.
[M.D., J.] [T.V.T.S., J.]
25.04.2022
Index : Yes/No
Internet : Yes
Speaking Order/Non Speaking Order
Rj
To
The Authorised Officer,
Canara Bank,
No.114, Chamundi Street,
Gugai, Salem – 636 006.
M. DURAISWAMY, J.
and
https://www.mhc.tn.gov.in/judis
W.P. No.10101 of 2022
T.V. THAMILSELVI, J.
Rj
W.P. No.10101 of 2022
and W.M.P. Nos.9792 & 9794 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
