R.Lakshmi v. Shriram Finance Ltd

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 WMP Nos.41307 and 41310 of 2025

1. R.Lakshmi

2. Padmavathy

3. Santhosh

4. Subiksha .. Petitioners -vs1. Shriram Finance Ltd., Rep. by the Manager/Authorised Officer, Plot No.14A, South Gate, Industrial Estate, Guindy, Chennai 600 032.

2. Shriram Finance Ltd., Rep. by its Branch Manager, No.42, 1st Floor, Immanuel Complex, Thaymanavar Street, Katpadi Road, Gandhi Nagar, Vellore 632 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent vide their auction notice of sale dated 28.08.2025 relating to petitioners property situated at Old T.S.No.218/1, now T.S.No.355/2 subdivides as T.S.No.355/2C

having an extent of 4275 sq.ft. with ACC sheet building constructed thereon located at Kondasamuthiram now R.S. Road, Gudiyattam Town, Gudiyattam Taluk in Vellore District scheduled to be conducted on 30.09.2025 at 11.00 am to 01.00 pm and quash the same and consequently forbear the respondents from in any manner interfering with the petitioners' peaceful enjoyment of the above said property in any manner particularly by way of dispossession.

For Petitioners :

Mr.D.S.Rajasekaran * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioners have directly approached this Court without approaching the Debts Recovery Tribunal seeking relief against the measures which have been taken by the bank for recovery of loan as secured creditor.

2. None of the grounds raised in this petition relate either to absence of jurisdiction or violation of principles of natural justice. Therefore, there is no warrant for this Court to entertain the petition without insisting on exhaustion of alternative remedy.

3. Petition is, therefore, dismissed with liberty to approach the Debts Recovery Tribunal. There shall be no order as to costs. Consequently, W.M.P.No.41310 of 2025 stands closed. W.M.P.No.41307 of 2025 filed by petitioners to permit them to join and file a single writ petition stands allowed, subject to payment of separate court fee.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 26.09.2025 Index : Yes/No : Yes/No sra To

1. The Manager/Authorised Officer,, Shriram Finance Ltd., Plot No.14A, South Gate, Industrial Estate, Guindy, Chennai 600 032.

2. The Branch Manager, Shriram Finance Ltd., No.42, 1st Floor, Immanuel Complex, Thaymanavar Street, Katpadi Road, Gandhi Nagar, Vellore 632 006.

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

(sra) 26.09.2025