M/S.Visharam Tanners Common Facility Centre Pvt Ltd v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7051 of 2022
1. M/s. Visharam Tanners Common Facility Centre Pvt. Ltd.
No.305/1D, C.Abdul Hakeem Road Melvisharam, Vellore 632 509 rep. by the Managing Director Ashraf Ali Muthu.
2. Ashraf Ali Muthu(Managing Director) M/s. Visharam Tanners Common Facility Centre Pvt. Ltd.
Vellore 632 509
3. Ashokan Ramasamy(Director) M/s. Visharam Tanners Common Facility Centre Pvt. Ltd.
Vellore 632 509
4. Shapillai Abdul Hafeez(Director) M/s. Visharam Tanners Common Facility Centre Pvt. Ltd.
Vellore 632 509
5. Basheer Ahmed Khader Ibrahim (Director) M/s. Visharam Tanners Common Facility Centre Pvt. Ltd.
Vellore 632 509
...Petitioners
Vs.
1. The Authorised Officer Canara Bank Park Town Branch No.34, ESHI Towers Thiruvengadam Street Periamet Chennai 600 003.
2. The Executive Director Council for Leather Exports CMDA Tower-II, 3rd Floor Gandhi-Irwin Bridge Road, Egmore Chennai 600 008.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the entire records pursuant to the e-auction sale notice issued by the first respondent vide Ref: CB/PKT/SALE/VISHARAM TANNERS-2 dated 08.02.2022 and quash the same.
For the Petitioner : Mr.T.P.Prabakaran
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed challenging the auction sale notice after serving notice under Section 13(4) of the SARFAESI Act, 2002.
2. An appeal against the notice under Section 13(4) of the Act of 2002 was preferred by the petitioners before the Debts Recovery Tribunal. Pending the said appeal, the present writ petition has been filed seeking an interim order against the auction sale, though they could have moved the Debts Recovery Tribunal by making an appropriate application or by pressing the pending appeal. A simultaneous proceedings to challenge the auction notice by filing the writ petition is not maintainable. Further, when the alternative remedy was available and the same was availed by the petitioners, there is no point in entertaining the writ petition.
3. In view of the above, the writ petition is dismissed. However, the petitioners may pursue their appeal before the Debts Recovery Tribunal. Consequently, WMP Nos.7081 & 7082 of 2022 are also dismissed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
kpl/drm To:
1. The Authorised Officer Canara Bank Park Town Branch No.34, ESHI Towers Thiruvengadam Street Periamet Chennai 600 003.
2. The Executive Director Council for Leather Exports CMDA Tower-II, 3rd Floor Gandhi-Irwin Bridge Road, Egmore Chennai 600 008.
3.The Registrar Debt Recovery Tribunal I Chennai +1 CC to Mr.T.P.Prabakaran, Advocate sr 20817. W.P.No.7051 of 2022 RSI(CO) SP(05/04/2022)