M/S.Ganapathy Traders v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN M/s.Ganapathy Traders rep. By its Proprietor Anitha Yogarajan : Petitioner versus 1.The Authorised Officer, M/s.Canara Bank Ltd., No.20, Haziyar Nagar, Padappai, Kancheepuram District Tamil Nadu 601 301 2.Priya : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the entire records pertaining to the auction sale conducted by the 1st respondent on 26.02.2025 and consequently quash the sale certificate No.4434 dated 08.05.2025 issued by the 1st respondent in favour of the 2nd respondent as the same is illegal, arbitrary, unconditional and void ab initio.
For Petitioner :
Mr.Perumbulavil Radhakrishnan for Mr.M.Dharanidharan For 1st Respondent :
Mr.V.Kadhirvelu, Panel Advocate
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The order of the Debts Recovery Tribunal is under challenge before this Court without taking recourse to the statutory remedy of appeal before the Debt Recovery Appellate Tribunal.
2. The order cannot be said to be without jurisdiction or in violation of principles of natural justice.
3. Therefore, no exceptional case is made out for the writ court to entertain the petition without insisting on exhaustion of alternative remedy.
4. The petition stands dismissed with liberty to avail the alternative remedy of appeal before Debt Recovery Appellate Tribunal. There will be no order as to costs. Consequently, WMP No.40781 of 2025 is closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 26.09.2025 Index : Yes/No : Yes/No tar To 1.The Authorised Officer, M/s.Canara Bank Ltd., No.20, Haziyar Nagar, Padappai, Kancheepuram District Tamil Nadu 601 301
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) 26.09.2025