S.C. Govindaraj v. The Debts Recovery Tribunal Chennai 1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM:

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP No. 11163 of 2026 S.C.Govindaraj ..Petitioner(s) Vs

1. The Debts Recovery Tribunal Chennai 1, 7th Floor, Additional Office Building, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai 600006.

2. The Debts Recovery Appellate Tribunal, Chennai, 7th Floor, Additional Office Building, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai 600006.

3. Omkara Assets Reconstruction Private Ltd, Rep by its Manager, Kohinoor Square, 47th Floor, N.C.Kelkar Marg, R.G.Gadkarichowk, Dadar(west), Mumbai 400028.

Also at Registered Office 9, M.P.Nagar, 1st Street, Kongu Nagar Extension, Tiruppur 641607.

Also at Chennai Branch, No.397, Precision Plaza, Third Floor, Anna Salai, Teynampet, Chennai 600018.

..Respondent(s) Directing the respondent to take into file the Impleading Petition filed by the petitioner in Diary No.25/2026 dated 23.02.2026 and dispose the petition within a stipulated timeline and direct the 3rd respondent to issue Page No.1 of 6

sale certificate in favour of the successful auction purchasers of the EAuction sale held on 31.07.2025. For Petitioner(s):

Mr.J.Pravin

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Prayer sought herein is for a writ of mandamus, to direct the respondents to take into file the Impleading Petition filed by the petitioner in Diary No.25/2026 dated 23.02.2026 and dispose the petition within a stipulated timeline and direct the third respondent to issue sale certificate in favour of the successful auction purchasers of the E-Auction sale held on 31.07.2025.

2. The present petitioner claims to be the auction purchaser of the property in question which has been E-Auctioned on 31.07.2025 by the third respondent, that is Omkara Assets Reconstruction Private Limited, on behalf of the secured creditor. After having taken the property by way of the auction purchase, he was not able to get the property in his possession, as, in the meanwhile, the main borrower seems to have filed a SA before the Debts Recovery Tribunal - I, which is pending before them. Therefore, in order to get his grievance redressed, the present writ petitioner filed an impleading petition in the said SA in Dairy No.25/2026 dated 23.02.2026 and the same has not been taken up or numbered. Page No.2 of 6

3. In the meanwhile, the Debts Recovery Tribunal - I, for personal reasons, recused from taking up the SA.No.18/2025 and directed the Registrar therein to write to the Debt Recovery Appellate Tribunal to transfer the same to some other Debts Recovery Tribunal. Since this is the stage where the matter is pending, the present petitioner has moved the instant writ petition with the aforesaid prayer seeking a writ of mandamus.

4. Heard Mr.J.Pravin, learned counsel appearing for the petitioner.

5. Insofar as the grievance that is espoused by the learned counsel appearing for the petitioner is concerned, he could very well agitate the issue either before the Debts Recovery Tribunal or before the Debt Recovery Appellate Tribunal, where, if the Debts Recovery Tribunal - I has already recused from taking up the SA, he could make a request to the Debt Recovery Appellate Tribunal to transfer the same to Debts Recovery Tribunal - II or Debts Recovery Tribunal - III and in this regard, whatever the legal course of action he wants to take, it is open for him to proceed with the same and once the SA is transferred to any other Debts Recovery Tribunal, where the Diary No.25/2026, filed by the petitioner for getting impleaded in the SA filed by the borrower, could also be persuaded in the manner known to law. Therefore, the present directions sought by way of mandamus cannot be considered and granted. Page No.3 of 6

6. In that view of the matter, this writ petition is liable to be dismissed and accordingly, it is dismissed with the aforesaid observations. No costs.

(R.S.K.,J.) (N.S.,J.) 02-04-2026 Index: Yes/No Speaking/Non-speaking order (drm) Page No.4 of 6

To:

1. The Debts Recovery Tribunal Chennai 1, 7th Floor, Additional Office Building, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai 600006.

2. The Debts Recovery Appellate Tribunal, Chennai, 7th Floor, Additional Office Building, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai 600006.

Page No.5 of 6

R.SURESH KUMAR, J.

AND N.SENTHILKUMAR, J.

(drm) 02-04-2026 Page No.6 of 6