State Bank Of India v. The Chief Judicial Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN State Bank of India Stressed Asset Recovery Branch, Red Cross Building, Montieth Road, Egmore, Chennai-8 Rep. by its Chief Manager ..Petitioner(s) Vs
1. The Chief Judicial Magistrate Puducherry
2. M/s.Romega Foams Pvt Ltd Rep. by its Director, Mr.Ninan Varghese No.36, Canal Road, Koodapakkam Village, Villianur Commune,Vazhudavur P.O, Puducherry 605 502
3. Ninan Varghese (Director) No.36, Canal Road, Koodapakkam Village, Villianur Commune,Vazhudavur P.O, Puducherry 605 502
4. Sheeba Ninan (Director) No.36, Canal Road, Koodapakkam Village,Villianur Commune,Vazhudavur P.O, Puducherry 605 502 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st Respondent to dispose of the application
in Cr.M.P. No.1/2026 in Cr.M.P.No.3134/2025 filed by the second respondent within a time frame.
For Petitioner(s):
Mr.M.L Ganesh For Respondent(s):
Mr.V.Vasanthakumar, AGP for R1
ORDER
(Order of the Court was made by The Chief Justice) This writ petition has been filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st Respondent to dispose of the application in Cr.M.P. No.1/2026 in Cr.M.P.No.3134/2025 filed by the second respondent within a time frame.
2. Learned counsel appearing for the petitioner submitted that the first respondent has already decided the application filed under Section 14 of SARFAESI Act on 25.11.2025 and thereafter, respondents 2 to 4 had filed an application to recall order already passed, which is taken on file by the first respondent in Cr.M.P. No.1/2026.
3. Once an order is passed under Section 14 of SARFAESI Act, the same is only appealable under Section 17 of SARFAESI Act.
4. Recently, we have passed a detailed order dated 5.6.2026 in W.P.No.16489 of 2026 issuing a slew of directions to the Magistrates in the manner in which Applications filed under Section 14 SARFAESI Act are to be disposed as well as the authority of the Chief Judicial Magistrates.
5. In view of the above, the application for recall the order is not maintainable. The first respondent is directed to pass a suitable order expeditiously as possible preferably within two weeks from today.
6. The writ petition is disposed of accordingly. No costs. (SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 01-07-2026 Index: Yes/No Speaking/Non-speaking order ssk To
1. The Chief Judicial Magistrate Puducherry
2. M/s.Romega Foams Pvt Ltd Rep. by its Director, Mr. Ninan Varghese No.36, Canal Road, Koodapakkam Village, Villianur Commune,Vazhudavur P.O, Puducherry 605 502
SUSHRUT ARVIND DHARMADHIKARI, C.J.
AND G.ARUL MURUGAN, J.
ssk 01-07-2026