Mohanasundaram v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.Nos.21348 and 21352 of 2025 1.Mohanasundaram 2.D.Janarthanan 3.D.Pavithra .. Petitioners vs 1.Punjab National Bank, Represented by its Chief Manager/Authorised Officer, Circle Sastra Centre, Second Floor, Spencers Plaza, Anna Salai, Chennai - 600 001.

2.Divine Enterprises, Represented by its Proprietor Mr.MA.Murugesh, No.488, Kilpauk Garden Road, Chennai - 600 010.

3.MA.Murugesh 4.C.Durai .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the order made in C.M.P.No.2172 of 2024 dated 10.07.2024 on the file of the Chief Judicial Magistrate Court, Chengalpattu and quash 1/4

the same and consequently direct the 1st respondent to restore the premises at Old Door No.20, New No.26 Sarangapani Street, Sholinganallur Village, Tambaram Taluk, Chengalpattu District to the petitioners and award costs.

For Petitioners :

Mr.M.Elumalai

ORDER

(Made by G.R.SWAMINATHAN., J.) Heard the learned counsel for petitioners. Issuance of notice to the respondents is dispensed with.

2. The petitioners are aggrieved by the impugned order dated 10.07.2024 passed under Section 14 of the SARFAESI Act, 2002.

3. It is well settled position of law that as against the order passed under SARFAESI Act, a writ petition is not maintainable. The petitioners are having appeal remedy. We are granting fifteen (15) days time from today to file such an appeal before the jurisdictional Debt Recovery Tribunal (DRT). If such appeal is filed before the DRT within the aforesaid time limit, the jurisdictional DRT shall entertain the appeal without reference to the limitation. The appeal shall be numbered 2/4

immediately, provided, papers are in order.

4. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed. [G.R.S.,J] [V.L.N.,J] 22.05.2025 [2/2] Index:Yes/No Speaking order/Non-speaking order rsi/rka 3/4

G.R.SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

rsi/rka and W.M.P.Nos.21348 and 21352 of 2025 22.05.2025 [2/2] 4/4