M.N.P.Balasubramanian v. Debt Recovery Tirbunal Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN WP No. 16701 of 2024 and WMP No.18338 and 18339 of 2024

1. M.N.P.Balasubramanian

2. Indira

3. B.Hariharan ..Petitioner(s) Vs

1. Debt Recovery Tirbunal II Shastri Bhavan Subba Road Avenue Nungambakkam Chenani 600 008

2. Tamil Nadu Mercantile Bank Limited 5 Sundarraj Cettiar Complex South Kaliamman Kovil Street Pattukottai 614 601 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the 1st respondent issued in TA No.514/2022 dated 29.01.2024 quash the same and direct the 1st and 2nd respondent to serve the copy of the application filed under section 19(1) of RDB Act along with paper book, issue summons/processes provide an opportunity to the petitioners to file their reply/evidences/documents and an opportunity of personal hearing.

For Petitioner(s):

No appearance.

ORDER

(Order of the Court was made by The Chief Justice) None appears for the petitioner.

2. This writ petition has been filed seeking issuance of a writ of certiorarified mandamus to call fort he records of the 1st respondent issued in TA No 514 / 2022 dated 29.01.2024 quash the same and direct the 1st and 2nd respondent to serve the copy of the application filed under section 19(1) of RDB Act along with paper book, issue summons / processes provide an opportunity to the petitioners to file their reply / evidences / documents and an opportunity of personal hearing.

3. As per section 18 of the SARFAESI Act, an appeal lies before the Debts Recovery Appellate Tribunal. Since the petitioner is having statutory efficacious remedy under the law, we are not inclined to entertain this writ petition. Accordingly, it is dismissed with liberty to the petitioner to avail the appropriate forum in accordance with law. No costs. The connected miscellaneous petitions are closed. (SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 19-06-2026 Index: Yes/No Speaking/Non-speaking order ssk

To

1. Debt Recovery Tirbunal II Shastri Bhavan Subba Road Avenue Nungambakkam Chenani 600 008

2. Tamil Nadu Mercantile Bank Limited 5 Sundarraj Cettiar Complex South Kaliamman Kovil Street Pattukottai 614 601

SUSHRUT ARVIND DHARMADHIKARI, C.J.

AND G.ARUL MURUGAN, J.

ssk WP No. 16701 of 2024 19-06-2026