M/S. Ganekar And Co. v. The Canara Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s Ganekar & Co., Proprietor Sri.V.Elangovan No.71, Elaya Mudali Street Old Washermanpet Chennai 600 021 ..

Petitioner v.

1. The Canara Bank represented by its Authorized Officer Tondiarpet Branch No.50, G.A.Road Tondiarpet, Chennai

2. R.Raju ..

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for records comprised in order dated 07.05.2024 in Crl.M.P.No.6051 of 2024 passed by the Chief Metropolitan Magistrate, Allikulam, Chennai, quash the

same as arbitrary, illegal, unconstitutional and violative of Section 14 of the SARFAESI Act and consequently forbear first respondent from taking possession of land and building petitioner's property situate at Old Door No.33, New Door No.71, present Door No.219, Elaya Mudali Street, Old Washermanpet, Chennai 21, R.S.No.3801/32, Block No.57, Kotai Tondiarpet Taluk, Tondiarpet Village, North Chennai Registration District, Royapuram Sub Registration District.

(Prayer amended vide order of Court dated 10.06.2024 in W.M.P.No.15017 of 2024 in W.P.No.13204 of 2024) For Petitioner ::

Mr.S.Raja Guru for Mr.V.Balakrishnan For Respondents ::

Mr.R.R.Pradheep for Mr.S.Kesavan for R1 R2-No appearance

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed challenging the order passed by the learned Chief Metropolitan Magistrate, Allikulam, Chennai in Crl.M.P.No.6051 of 2024 dated 07.05.2024 under Section 14 of the SARFAESI Act.

2. The petitioner is aggrieved by the decision of the respondent Bank

recalling the credit facility, which was extended to the petitioner a decade ago. Though the petitioner has raised some objections complaining that the SARFAESI proceedings initiated under Section 13 of the SARFAESI Act are not sustainable in law, the petitioner has not substantiated any of the grounds raised in the writ petition questioning the jurisdiction or authority of the learned Chief Metropolitan Magistrate to entertain the application under Section 14. Considering the fact that the petitioner has an effective and alternative remedy of approaching the Debts Recovery Tribunal as against the order under Section 14 of the SARFAESI Act, this Court is unable to entertain this writ petition. Therefore, with liberty preserved to the petitioner to approach the Debts Recovery Tribunal to challenge the impugned order passed by the learned Chief Metropolitan Magistrate on any tenable ground, this writ petition stands dismissed. Consequently, W.M.P.No.14356 of 2024 is also dismissed. No costs.

Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 10.06.2024 ss

To

1. The Authorized Officer Canara Bank Tondiarpet Branch No.50, G.A.Road Tondiarpet, Chennai

S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

ss 10.06.2024