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Madras High CourtWP/4751/2025disposed of

S.Kandasamy v. M/S.Canara Bank

2025-08-29Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.KANDASAMY : Petitioner Vs 1.M/S.CANARA BANK REP BY ITS AUTHORISED OFFICER MID CORPORATE BRANCH NO.105 106 WEST PONNURANGAM ROAD R.S.PURAM COIMBATORE-641 002 2.RESERVEN BANK OF INDIA THROUGH THE OFFICE OF BANKING OMBUDSMAN FORT GLACIAS P.BOX N.40 NO.16M RAJAJI SALAI, CHENNAI-600 001 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent is against the guidelines and instructions issued by the RBI and forebear the 1st respondent herein from conducting forthcoming E-Auction which is illegal and arbitrary and consequently direct the 2nd respondent to take appropriate action for the same.

For Petitioner :

Mr.R.Singaravelan, Senior Counsel for Mr.Harish Kumar For Respondents :

Mr.M.A.Abdul Wahab, for R-1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Taking into consideration the submission of the learned Senior Counsel for the petitioner that the petitioner has already approached the Debts Recovery Tribunal raising various issues with regard to the legality and validity of the measures taken under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the said application is also pending consideration, without commenting upon the merits, we are inclined to dispose of this writ petition with liberty to the petitioner to raise all grounds, including the ground with regard to valuation, in addition to the grounds which have already been raised before the Tribunal, for appropriate consideration and orders. The petition is disposed of. There will be no order as to costs. Consequently, WMP No.5267 of 2025 is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 29.08.2025 tar

To 1.THE AUTHORISED OFFICER M/S.CANARA BANK MID CORPORATE BRANCH NO.105 106 WEST PONNURANGAM ROAD R.S.PURAM COIMBATORE-641 002 2.BANKING OMBUDSMAN RESERVEN BANK OF INDIA FORT GLACIAS P.BOX N.40 NO.16M RAJAJI SALAI, CHENNAI-600 001

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 29.08.2025