← Library
Madras High CourtWP/20851/2024dismissed

D.Mohanraj v. State Bank Of India

2024-07-30Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P.No.20851 of 2024 and W.M.P.No.22808 of 2024 D.Mohanraj ... Petitioner -vs1. State Bank of India, Stressed Assets Management Branch, Rep. by its Asst. General Manager, Red Cross Buildings, II Floor, No.32, Montieth Road, Egmore, Chennai 600 008.

2. M/s.Leather Leader Company Private Limited, 114/2, Anna Salai Extension, Nagaikeni, Chromepet, Chennai 600 044.

3. A.E.S.Ravi

4. Josephraj

5. V.Shankar

6. Sekar Sundar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the order passed by Learned Recovery Officer of the Debt Recovery Tribunal -III Chennai dated 21.06.2024 in M.A.No.126 of 2024 in D.R.C. No 34 of 2020 in O.A.No.690 of 2014 and to quash the same and the consequent thereof including E-Auction Sale which was held on 27.05.2024.

For Petitioner : Ms.R.Kiruthika * * * * *

ORDER

(Order of the Court was made by S.S.SUNDAR, J) The petitioner challenges the order passed by the Recovery Officer, Debts Recovery Tribunal-III, Chennai, dismissing the application in M.A.No.126 of 2024 filed by the petitioner to set aside the order of attachment of his property as well as the e-auction sale.

2. The order impugned is one passed by the Recovery Officer. This Court is not inclined to entertain the writ petition as the petitioner has an efficacious alternative remedy of approaching the Debts Recovery Tribunal. Hence, the writ petition is dismissed, however, liberty is preserved to approach the Debts Recovery Tribunal for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (N.S., J.) 30.07.2024 Index : Yes/No NC : Yes/No sra

To

1. The Asst. General Manager, State Bank of India, Stressed Assets Management Branch, Red Cross Buildings, II Floor, No.32, Montieth Road, Egmore, Chennai 600 008.

2. The Recovery Officer, Debts Recovery Tribunal-III, Chennai.

S.S.SUNDAR, J.

and N.SENTHILKUMAR, J.

(sra) W.P.No.20851 of 2024 30.07.2024