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Madras High CourtWP/13623/2024disposed of

Sharline Shiny v. The Manager

2026-06-23Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Sharline Shiny No.52/23, Parthasarathy Street, Chepauk, Chennai- 05.

Petitioner Vs The Manager Jana Small Finance Bank Ltd., No.28/36, 1st Floor South West Boag Road, T.Nagar, Chennai- 017.

Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records in Crl.MP No.875 of 2024 dated 05.04.2024 from the file of Chief Judicial Magistrate, Chengalput in issuing the warrant U/S. 14 of the SARFAESI Act, authorizing the advocate commissioner to take possession of the property in Plot No.139 AB, Door No.34 in Vembuliyamman Koil 3rd Street, Kulathuma Nagar, Zamin Pallavaram, Alandur Taluk, Kancheepuram District and quash the same. For Petitioner :

Mr. CKM.Appaji For Respondent :

Mr. M.Arunachalam

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In this writ petition, the petitioner challenges the order passed by the Chief Judicial Magistrate, Chengalpattu, dated 05.04.2024, whereby warrant under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, authorising the advocate Commissioner to take possession of the property concerned has been issued.

2. Learned counsel for the respondent submitted that sale certificate in respect of the said property has already been issued and that the petitioner has challenged the same under Section 17 of the Act of 2002 before the Debts Recovery Tribunal-III, Chennai, and the same is still pending.

3. In view of the same, challenge to the order under Section 14 of the Act of 2002 is not maintainable. However, the petitioner would be at liberty to challenge the said order, if so advised, in accordance with law.

4. With this liberty, the petition stands disposed of. There will be no order as to costs. Consequently, WMP Nos.14774, 14775 of 2024 are closed.

(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 23.06.2026 Index : Yes/No : Yes/No tar To The Manager Jana Small Finance Bank Ltd., No.28/36, 1st Floor South West Boag Road, T.Nagar, Chennai- 017.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 23.06.2026