[Cites 4, Cited by 0]
Madras High Court
Rajalakshmi vs The Authorized Officer on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.7363 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.7363 of 2026
Rajalakshmi ... Petitioner
vs.
The Authorized Officer,
Canara Bank, East Veli Street Branch,
359, A East Veli Street,
Madurai – 625 001. ... Respondent
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondent to
open the seal door in Plot No.92, P.K.Residency Phase II S.No.134/4A2,
134/4B, 134/4C, 134/4D Pothumbu II Bit Village, Pothumbu,
Madurai – 625 018.
For Petitioner : Mr.S.Pugalendhi
For Respondent : Mr.C.Karthik
Standing Counsel
1/5
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W.P(MD)No.7363 of 2026
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the respondent to open the sealed premises in Plot No.92,
P.K. Residency Phase II, comprised in S.Nos.134/4A2, 134/4B, 134/4C and
134/4D, Pothumbu II Bit Village, Pothumbu, Madurai.
2.According to the petitioner, she had availed a loan from the
respondent Bank and had been regularly paying the EMI till 2025. Since she
defaulted in repayment thereafter, the respondent Bank issued a demand
notice dated 28.04.2025 for a sum of Rs.19,02,762.96/- and subsequently
issued a notice under Section 13(2) of the SARFAESI Act. Thereafter, on
12.09.2025, an e-auction notice was issued. Challenging the same, the
petitioner filed S.A.No.740 of 2025 in I.A.No.4131 of 2025 before the Debts
Recovery Tribunal, Madurai. By order dated 16.10.2025, the Tribunal
granted interim relief on condition that the petitioner shall pay 40% of the
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total dues in four equal instalments directly to the respondent Bank.
However, the petitioner failed to comply with the said condition.
Subsequently, the respondent Bank filed Crl.M.P.No.360 of 2026 before the
learned Chief Judicial Magistrate, Madurai, and by order dated 30.01.2026,
an Advocate Commissioner was appointed to take possession of the secured
asset. Thereafter, on 10.03.2026, the Advocate Commissioner, along with
police officials, took possession and sealed the premises. Aggrieved by the
same, the present Writ Petition has been filed.
3.The learned standing counsel appearing for the respondent
submitted that though the petitioner had obtained a conditional interim order
from the Debts Recovery Tribunal, Madurai, she failed to comply with the
same within the time granted, i.e., up to 18.02.2026. In view of such
non-compliance, possession of the secured asset was taken in accordance
with law and the property has also been sold.
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4.In the light of the above, we are of the view that the petitioner,
having approached the Debts Recovery Tribunal and obtained a conditional
order, cannot be permitted to invoke the writ jurisdiction of this Court
without complying with the said condition. The petitioner has an effective
alternative remedy under the SARFAESI Act, and in the absence of
compliance with the conditional order passed by the Tribunal, no
interference is warranted in the proceedings initiated under Section 14 of the
SARFAESI Act. Accordingly, this Writ Petition is liable to be dismissed and
is, therefore, dismissed. No costs.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
ps
To
The Authorized Officer,
Canara Bank, East Veli Street Branch,
359, A East Veli Street,
Madurai – 625 001.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 17.03.2026
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