Madras High Court
R.Srividhya Priyadharsini vs 4 Venkatesh Shyamkumar on 20 September, 2022
W.P.No.25275 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2022
CORAM :
THE HON'BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P. No.25275 of 2022
and W.M.P. No.24230 of 2022
R.Srividhya Priyadharsini .. Petitioner
Vs.
1 The Chief Judicial Magistrate,
Coimbatore.
2 Indian Overseas Bank,
Rep by its Authorized Officer,
Park Square Branch,
1027A, Subramaniya Complex,
Avinashi Road, Near VOC Park,
Uppilipalayam, Coimbatore - 641 018
3 R. Ranganathan
4 Venkatesh Shyamkumar .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
Page 1 of 6
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W.P.No.25275 of 2022
praying for issue of Writ of Certiorari, calling for the records related to the
order dated 15.06.2022 passed in the petition numbered as C.M.P. No. 8325
of 2022 on the file of the Chief Judicial Magistrate, the 1st respondent
herein and quash the same.
For the Petitioner Mr.K.R. Arun Shabari
For the Respondents Mr. V.Kathirvelu - R2
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
Certiorari to call for the records relating to the order dated 15.06.2022
passed in C.M.P. No. 8325 of 2022 on the file of the Chief Judicial
Magistrate, Coimbatore and to quash the same.
2. The petitioner has filed the above Writ Petition under Article 226
of the Constitution without exhausting the alternate remedy available to him
under section 17 of the SARFAESI Act.
https://www.mhc.tn.gov.in/judis
W.P.No.25275 of 2022
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 filed
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. 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
https://www.mhc.tn.gov.in/judis
W.P.No.25275 of 2022
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,
we are not inclined to entertain the Writ Petition. Accordingly, the Writ
Petition is dismissed. No costs. Consequently, the connected
Miscellaneous Petition is closed.
[M.D., ACJ.] [S.M., J.]
20.09.2022
Index : Yes/No
Internet : Yes
Rj
https://www.mhc.tn.gov.in/judis
W.P.No.25275 of 2022
To
1 The Chief Judicial Magistrate,
Coimbatore.
2 The Authorized Officer,
Indian Overseas Bank,
Park Square Branch,
1027A, Subramaniya Complex,
Avinashi Road, Near VOC Park,
Uppilipalayam, Coimbatore - 641 018
https://www.mhc.tn.gov.in/judis
W.P.No.25275 of 2022
M.DURAISWAMY, ACJ
AND
SUNDER MOHAN,J.
Rj
W.P. No.25275 of 2022
and W.M.P. No.24230 of 2022
20.09.2022
https://www.mhc.tn.gov.in/judis
