M/S. Iris Art Galleria Private Ltd v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s Iris Art Galleria Private Limited rep.by its Authorised Signatory, G.Ashok Y-34, Bhagya Lekha Apartments Door No.1A, First Floor, 5th Avenue Road Anna Nagar West, Chennai 600 040 ..
Petitioner v.
1. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Central Office, Annex Building, 3rd Floor No.763, Anna Salai Chennai 600 002
2. T.S.Ravikumar
3. T.R.Subramaniam ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records/proceedings of the 1st respondent in respect of the impugned sale certificate dated 19.03.2024 issued in favour of the respondents 2 and 3, which is subsequently registered on 27.3.2024 vide document No.2499/
2024 at the office of Sub Registrar, Villivakkam in the alleged auction sale held on 21.12.2023 pursuant to the sale notice dated 01.12.2023 in respect of the petition property, being ground and premises situated at Plot No.W18 (Old No.W-188), North main road Anna Nagar West Extension, Chennai 600 101, the site measuring to an extent of 4720 sq.feet together with building consisting of ground floor with two upper floors, having the total built up area of approximately 6710 sq.feet and quash the same as there was no valid sale taken place on 21.12.2023 and arbitrary, unjustifiable and illegal and also colourable exercise of power and consequently direct the 1st respondent to follow the provisions of the SARFAESI Act while dealing with the secured assets in the manner known to law. For Petitioner ::
Mr.V.Suriya Sankar For Respondents ::
Mrs.Ananda Gomathi for R1 Mr.P.Krishnan for R2 & R3
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a writ of certiorarified Mandamus, calling for the records/proceedings of the 1st respondent in respect of the impugned sale certificate dated 19.03.2024 issued in favour of the respondents 2 and 3, which is subsequently registered on 27.3.2024 vide document No.2499/ 2024 at the office of Sub Registrar, Villivakkam after the auction sale held on 21.12.2023 pursuant to the sale notice dated 01.12.2023 in respect of the petition property, being ground and premises
situated at Plot No.W18 (Old No.W-188), North main road Anna Nagar West Extension, Chennai 600 101, the site measuring to an extent of 4720 sq.feet together with building consisting of ground floor with two upper floors, having the total built up area of approximately 6710 sq.feet and quash the same on grounds that there was no valid sale taken place on 21.12.2023 and that the same is arbitrary, unjustifiable and illegal and also colourable exercise of power and consequently to direct the 1st respondent to follow the provisions of the SARFAESI Act while dealing with the secured assets.
2. It is not in dispute before this Court that the sale had taken place long back and the sale certificate also was issued to the auction purchaser. The petitioner has challenged the sale notice and the sale certificate on factual grounds.
3. The learned counsel appearing for the first respondent has produced the judgment of a three-Judge Bench of the Hon'ble Supreme Court in PHR Invent Educational Society v. UCO Bank and others (Civil
Appeal No.4845 of 2024 dated 10.04.2024), wherein the Hon'ble Supreme Court has carved out the exceptions to maintain a writ petition under Article 226 of the Constitution. A writ petition is held not maintainable if an effective alternative remedy is available to the aggrieved person under the statute under which proceedings had been initiated.
4. In view of the factual position that the sale had taken place long back and the question of limitation is also raised by the auction purchaser, this Court finds that the writ petition is not maintainable. Therefore, leaving it open to the petitioner to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, this writ petition is dismissed. Consequently, interim order stands vacated and the W.M.P.Nos.14435 & 14438 of 2024 are also dismissed.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 06.06.2024 ss
To
1. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Central Office, Annex Building, 3rd Floor No.763, Anna Salai Chennai 600 002
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 06.06.2024