Saraswathi v. Union Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.46944 and 46946 of 2025 Saraswathi W/o.Murugesan D/o.P.Thangavel, D.No.2/645 Thachangkattoor, Ekaparam PO, Pappampadi Salem 636 306 Petitioner Vs 1.Union Bank of India (E-Corporation Bank) Asset Recovery Branch, Rep. through its Authorised Officer Mr.Baimal Sukumar, PB No.8, 235 1st Floor Oppanakara Street Coimbatore 641 001 2.Rajapriya Sivam Enterprises D.No .4/49 Tharamangalam Main Road, Maramangalathupatty Post, Salem 636 030

3.T.Paramasivam S/o. Thangavel, D.No.4/10 Maramangalathupatty Post, Salem 636 030 4.P.Thangavel S/o. Pachianna Gounder D.No.8/386 Chinnapattan Kadu Maramangalathupatty Post Salem 636 030 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for records relating to the proceedings of the Chief Judicial Magistrate, Salem in Crl.M.P.No. 13739 of 2024 passed on 28.02.2025 and quash the same as illegal. For Petitioner:

Mr.S.T.Bharath Gowtham for Mr.K.Selvakumar For Respondents:

Ms.K.Jayaganga for Mrs.Ananda Gomathy for respondent No.1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard.

2. Challenge to an order under Section 14 of the Securisation and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 [the Act] by the petitioner based on claim of title cannot be allowed in these proceedings. It appears that the property was secured against repayment of loan by the brother of the petitioner and, later on, when repayment was defaulted, the secured creditor proceeded to take remedy under Section 14 of the Act and an order has been passed.

3. Learned counsel for the petitioner submits that the petitioner is a co-sharer in the property and respondent No.3 could not claim title over the property on the basis of settlement deed executed in his favour by the father, excluding the petitioner. It is also submitted that a civil suit for declaration is already filed and the petitioner prayed for temporary injunction in the suit.

4. The issue relating to title cannot be gone into in these proceedings. Since the petitioner has already approached the civil court, no relief can be granted. It is open for the petitioner to seek appropriate declaration and pray for injunction in the pending suit.

5. The writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. We make it clear that we have not expressed any opinion on the merits of the claimed title.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 12.11.2025 Index :

Yes/No :

Yes/No bbr To:

The Authorised Officer Union Bank of India (E-Corporation Bank) Asset Recovery Branch, PB No.8, 235 1st Floor Oppanakara Street Coimbatore 641 001

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

bbr 12.11.2025