← Library
Madras High CourtWP/28410/2022dismissed

M/S.Siva Educational Trust v. Union Bank Of India (E-Corporation Bank)

2022-11-08Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR 1.M/s.Siva Educational Trust rep. by its Managing Trustee N.Yoganandsivam 2.N.Yoganandasivam (Guarantor and Legal Heir of Late TR Natarajan) SF No.205/3F, Zamin Kottampatty Village Samathur Post Coimbatore District-642 123.

...

Petitioners Vs Union Bank of India (E-Corporation Bank) rep. by its Authorized Officer Asset Recovery Branch No.235, 1st Floor Oppanakara Street Coimbatore-641 001.

...

Respondent

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the impugned order dated 19.09.2022 passed in S.A.No.729/2022 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same For the Petitioners ::

Ms.S.Kamini For the Respondent ::

Mr.Srinath Sridevan

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed against the order dated 19.09.2022 in S.A.No.729/2022 by the Debts Recovery Tribunal, Coimbatore, directing the petitioners to deposit a sum of Rs.1,47,50,000/- in two installments on or before 17.10.2022 and 14.11.2022.

2. The only remedy available to the petitioners is to approach the Debt Recovery Appellate Tribunal, Chennai, as against the order passed by the Debts Recovery Tribunal, Coimbatore.

3. When the petitioners have got an alternative effective statutory appellate remedy before the Debt Recovery Appellate Tribunal, Chennai, invocation of Article 226 of the Constitution of India is untenable.

4. The writ petition is therefore dismissed, giving liberty to the petitioners to approach the Debt Recovery Appellate Tribunal, Chennai. No costs. Consequently, WMP Nos.27725 and 27726 of 2022 are dismissed.

(T.R., ACJ.) (D.K.K., J.) 08.11.2022 Index: Yes/No tar To The Authorized Officer, Union Bank of India (E-Corporation Bank) Asset Recovery Branch No.235, 1st Floor Oppanakara Street Coimbatore-641 001.

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 08.11.2022