M/S.Radha Traders v. M/S.State Bank Of Travancore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.4.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.8022 of 2017 and W.M.P.Nos.8773 and 8774 of 2017 1 M/s.Radha Traders No.43 Nethaji Road Hosur Krishnagiri District Tamil Nadu- 635 109 2 Mr.K.R.Radhakrishnan 3 Mr.K.R.Yokesh 4 Mr.K.R.Rajesh ..Petitioners

Versus

M/s.State Bank of Travancore Rep by Authorized Officer and & Chief Manager Hosur Branch Denkanikottai Road Hosur- 635 109 ..Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records in connection with the e-auction dated 28.02.2017 by the respondent in connection with the schedule property in favour of the third parties not known to the petitioner as illegal and improper.

For petitioners : Mr.Kingston Jerold For respondent : Mr.P.D.Audikesavalu

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the petitioners and Mr.P.D.Audikesavalu, learned counsel appearing for the respondent-Bank.

2. The writ petition has been filed seeking issuance of a writ of certioarari to call for the records in connection with the e-auction dated 28.02.2017 by the respondent in connection https://hcservices.ecourts.gov.in/hcservices/

with the schedule property in favour of the third parties not known to the petitioner as illegal and improper.

3. It appears that the petitioners before this court challenging the rejection of their application under section 17

(1) of the SARFAESI Act before the Debts Recovery Tribunal. As against such order of rejection, the petitioners have an efficacious remedy to approach the Debts Recovery Appellate Tribunal or the Debts Recovery Tribunal itself as the case may be clarifying the position. The petitioners are at liberty to raise all their grounds before such forum. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To M/s.State Bank of Travancore Rep by Authorized Officer and & Chief Manager Hosur Branch Denkanikottai Road Hosur- 635 109 +1cc to Mr.S.Kingston Jerold, Advocate, S.R.No.23358 +1cc to Mr.P.D.Aadikesavalu, Advocate, S.R.No.23161 W.P.No.8022 of 2017 EV(CO) RS(05/05/2017) https://hcservices.ecourts.gov.in/hcservices/