A.Padmavathi v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1.A.Padmavathi, proprietrix, M/s.Radium Industries, Green Woods, Old No.21-A, New No.78, Subbulakshmi Nagar, Kuniamuthur, Coimbatore 641 008 and also at D-11 (A) SIPCOT Industrial Complex, Melavittan, Tuticorin 628 008 2.M.Anantha Kumar : Petitioners versus The Authorised Officer, Punjab National Bank, Asset Recovery Management Branch, 448-A, Dr.Nanjappa Road, Coimbatore 641 002 : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the sale Notice dt 31.7.2025 issued by 1st Respondent under the SARFAESI Act and quash the same as being illegal, arbitrary
violative of the SARFAESI Act and Rules and directing the 2nd respondent to forthwith settle and release the insurance claim of Rs.1,56,14,708/- (Rupees One Crore Fifty Six Lakhs Fourteen Thousand Seven Hundred and Eight Only) together with applicable interest, principles of natural justice.
For Petitioners :
Mr.L.Thiyagaraja, for Mr.M.Velmurugan For Respondent :
Mr.M.L.Ganesh
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) As none of the grounds are such that this Court should entertain the petition on merits without insisting on exhaustion of alternate remedy to the petitioners to approach the Debts Recovery Tribunal, this petition is dismissed with liberty to the petitioners to approach the Debts Recovery Tribunal, against the measures taken by the bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. There will be no order as to costs. Consequently, WMP No.37809 of 2025 is closed.
3. WMP No.37808 of 2025 filed to permit the petitioners to file a single writ petition is allowed and disposed of. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 04.09.2025 Index : Yes/No : Yes/No tar To The Authorised Officer, Punjab National Bank, Asset Recovery Management Branch, 448-A, Dr.Nanjappa Road, Coimbatore 641 002
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) 04.09.2025