S.Ramanathan v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Ramanathan .. Petitioner Vs The Authorised Officer, Canara Bank, Fort Main Branch, Fort Main Road, Fort, Opp. to Mohan Kumaramangalam Govt. Hospital, Salem-636 001.

.. Respondent Prayer: Petition filed under Article 227 of the Constitution of India against the order dated 29.11.2022 passed in I.A.No.1239 of 2022 in S.A.No.327 of 2022 on the file of the Debts Recovery Tribunal, Coimbatore.

For the Petitioner : Mr.S.Rengasamy

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) This civil revision petition has been filed by the petitioner challenging the order dated 29.11.2022 passed by the Debts Recovery Tribunal, Coimbatore, in I.A.No.1239 of 2022 in S.A.No.327 of 2022.

2. The correctness of the impugned order dated 29.11.2022 passed by the Debts Recovery Tribunal cannot be challenged by way of civil revision petition without approaching the Debt Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Bypassing the efficacious statutory remedy available, the petitioner cannot maintain a civil revision petition.

3. In view of the above, the civil revision petition is dismissed. However, liberty is granted to the petitioner to approach the Debt Recovery Appellate Tribunal in accordance with law. There will be

no order as to costs. Consequently, C.M.P.No.9234 of 2023 is closed.

(T.R., ACJ.) (D.B.C., J.) 21.04.2023 Index :

Yes/No Yes/No bbr To:

The Authorised Officer, Canara Bank, Fort Main Branch, Fort Main Road, Fort, Opp. to Mohan Kumaramangalam Govt. Hospital, Salem-636 001.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 21.04.2023