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Madras High CourtCRP/3739/2024dismissed

K. Rajarajan v. The Authorised Officer

2025-09-01Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & C.M.P.No.20343 of 2024 K.Rajarajan ..

Petitioner Vs.

1. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Having Office at 3rd Floor Central Office Annex Building 763, Anna Salai Chennai 600 002.

2. Dr.K.Saravanan

3. Dr.S.Kavitha ..

Respondents Prayer : Petition filed under Article 227 of the Constitution of India against the order dated 21.12.2022 passed in S.A.No.334 of 2022 on the file of Debts Recovery Tribunal-I, Chennai.

For Petitioner :

Mr.V.Raghavachari Senior Counsel For Mr.M.Manimaran For Respondents :

Mr.M.L.Ganesh for Respondent-1 Mr.D.Senthur Kugan for Respondents 2 & 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The grounds, which have been urged before us, fall short of any material to substantiate the allegation that the impugned order was passed by the Debts Recovery Tribunal without affording any opportunity of hearing.

2. Submission that without making proper enquiry and obtaining proper reports, the impugned order was passed, is essentially in the realm of challenge to an order on the ground of illegality.

3. Petitioner has an effective and alternative statutory remedy

to approach the Debt Recovery Appellate Tribunal raising all these grounds.

4. Therefore, we are not inclined to entertain this petition and dismiss the same with liberty to petitioner to approach the Debt Recovery Appellate Tribunal. Taking into consideration that this petition was filed before this Court on 08.07.2024, the period from that date till the date of this order shall be excluded for the purpose of counting the period of limitation. There shall be no order as to costs. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 01.09.2025 Index :

Yes/No Yes/No kpl To The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Having Office at 3rd Floor Central Office Annex Building 763, Anna Salai, Chennai 600 002.

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

(kpl) 01.09.2025