West Coast Engineering Corporation, v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN West Coast Engineering Corporation Rep by Legal Heir P.R. Manoj S.F. No. 491/3 Nallampalayam Maniyakarampalayam Road Ganapathy Post Coimbatore - 641 006.

Petitioner(s) Vs

1. The Presiding Officer Debts Recovery Tribunal Coimbatore, 2nd and 3rd Floors Jawan's Bhavan, 27, T.B. Road Coimbatore 641 018.

2. The Authorised Officer Canara Bank 25/A, Marutham Towers Indira Nagar, MTP Road Kavundampalayam Branch Coimbatore - 641 030.

Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration that Secruitisation Appeal could be filed relating to a loan transaction and the fee shall be based on the claim made in the Sale 13(2) Demand Notice after deducting the repayments or recoveries made prior to filing and consequently declare that any subsequent measures taken by the Respondent Bank will attract a fee of only Rs.200/- to challenge the subsequent measures by way of an IA or MA as the case my be.

For Petitioner(s):

Mr.R.Dinesh For Mr.G.Ilamurugu

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed under Article 226 of the Constitution of India seeking a declaration that Secruitisation Appeal could be filed relating to a loan transaction and the fee shall be based on the claim made in the Sale 13(2) Demand Notice after deducting the repayments or recoveries made prior to filing and consequently declare that any subsequent measures taken by respondent bank will attract a fee of only Rs.200/- to challenge the subsequent measures by way of an IA or MA as the case my be.

2. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 itself prescribes the scheduled fees. Therefore, the prayer as such cannot be entertained. Any application filed by any person would be subject to payment of court fees as provided under the Act. Accordingly, the relief prayed for cannot be granted.

3. The writ petition is dismissed. There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 18.06.2026 Index :

Yes/No Yes/No kpl

To

1. The Presiding Officer Debts Recovery Tribunal Coimbatore, 2nd and 3rd Floors Jawan's Bhavan, 27, T.B. Road Coimbatore 641 018.

2. The Authorised Officer Canara Bank 25/A, Marutham Towers Indira Nagar, MTP Road Kavundampalayam Branch Coimbatore - 641 030.

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

(kpl) 18.06.2026