Sri Venkatachalapathy Modern Rice Mill v. The Deputy General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.7063 of 2023 Sri venkatachalapathy Modern Rice Mill Rep. by its Partner B.Navakumar S/o. Balakrishnan Old T.N.Palayam Road Abishegapakkam Puducherry.
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Petitioner Vs.
1. The Deputy General Manager IDBI Bank No.115, Anna Salai, Saidapet Chennai 15.
2. The Branch Manager IDBI Bank, Puducherry Branch S.V.Patel Salai Puducherry.
3. The Authorised Officer IDBI Bank No.115, Anna Salai, Saidapet Chennai 15.
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Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the entire records relating to the impugned sale notice published in "Dinamani" newspaper by the third respondent dated 03.02.2023 and quash the same. For the Petitioner : Mr.C.Prakasam
ORDER
(Made by the Hon'ble Acting Chief Justice) Challenging the sale notice issued by the third respondent, to sell the property mortgaged by the petitioner in public auction, in order to realise the sum payable by him towards the loan amount, the petitioner has filed this writ petition.
2. Questioning the validity or correctness of the sale notice issued by the third respondent, the petitioner has to approach the Debts Recovery Tribunal and not this Court by invoking Article 226 of the Constitution of India.
3. In view of the above, this writ petition is dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal.
Consequently, WMP Nos.7140 and 7142 of 2023 are also dismissed. (T.R., ACJ.) (D.B.C., J.) 07.03.2023 Index : Yes/No : Yes/No kpl To
1. The Deputy General Manager IDBI Bank No.115, Anna Salai, Saidapet Chennai 15.
2. The Branch Manager IDBI Bank, Puducherry Branch S.V.Patel Salai Puducherry.
3. The Authorised Officer IDBI Bank No.115, Anna Salai, Saidapet Chennai 15.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 07.03.2023