Mrs.K.Nirmala v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P. Nos. 16356 and 16358 of 2025 K.Nirmala ... Petitioner Vs.

1. The State of Tamil Nadu Represented by the Inspector of Police E-1, Mylapore Police Station Chennai.

2. The Authorized Officer Indian Overseas Bank Asset Recovery Management Branch Third Floor, Annexe Building Central Office, 763, Anna Salai Chennai-600002.

3. S.Rajagopal & Associates (NCLT Liquidation) Mr.Rajagopal, Proprietor Company Secretary No.11/108, 4th Street, Karpagam Avenue Raja Annamalaipuram, Chennai-600028.

4. Abdhul Rahman Amanmulla

5. Fashith Abdul Akhader ... Respondents ---------------------- Page No.: 1 of 4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records relating to the impugned order passed by the learned Chief Metroplitan Magistrate, Egmore in Criminal M.P. No. 72956 of 2024 dated 08.01.2025 and quash the same. For Petitioner : Mr.S.Kasirajan For Respondents : Mr.L.S.M.Hasan Fizal, AGP (R1) *****

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2.

Against the order passed by the Chief Metropolitan Magistrate, Chennai under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, this writ petition has been filed. 3.

As it has been consistently held that this order is appealable before the jurisdictional Debt Recovery Tribunal, this writ petition is not maintainable. 4.

Accordingly, this writ petition is dismissed granting liberty to the writ --------------------- Page No.: 2 of 4

petitioner to work out his remedy in the manner known to law. In the event of the petitioner presenting such an appeal before the jurisdictional Debt Recovery Tribunal within a period of 15 days from today, it shall be entertained without reference to the limitation. Consequently, connected miscellaneous petitions are closed.

(G.R.S., J.) (V.L.N., J.) 14.05.2025 Index : Yes/No : Yes/No Speaking order / Non-Speaking order Mk / Maya To

1. The Inspector of Police E-1, Mylapore Police Station Chennai.

2. The Authorized Officer Indian Overseas Bank Asset Recovery Management Branch Third Floor, Annexe Building Central Office, 763, Anna Salai Chennai-600002.

3. S.Rajagopal & Associates (NCLT Liquidation) Mr.Rajagopal, Proprietor Company Secretary No.11/108, 4th Street, Karpagam Avenue Raja Annamalaipuram, Chennai-600028.

---------------------- Page No.: 3 of 4

G.R.SWAMINATHAN , J.

and V.LAKSHMINARAYANAN , J.

Maya Dated : 14.05.2025 --------------------- Page No.: 4 of 4