Sardarmal Kothari v. Punjab National Bank,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.52975 of 2025 Sardarmal Kothari ..

Petitioner Vs.

1. Punjab National Bank Rep by its Authorized Officer SAMB Chennai, 4th floor, PNB Towers No. 46-49, Royapettah High Road Chennai- 600 014.

2. The Liquidator Kamachi Industries Limited SPP Insolvency Professionals LLP No. 27/9, Nivedh Vikas Pankaja Mill Road, Puliyakulam Coimbatore- 641 045.

3. Kamachi Industries Limited Rep by its Director 306, Delat Wing, 3rd Floor, Raheja Towers, No.177 Anna Salai Chennai 600 002.

..

Respondent

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records of the 1st Respondent in issuance of sale notice REF.NO. PNB/SAMB/ Kamachi Industries/2025-26 in dated 20.11.2025 and quash the same. For Petitioner :

Mr.S.R.Rajagopal Senior Counsel For Mr.P.J.Rishikesh For Respondents :

Mr.Srinath Sridevan Senior Counsel For Ms.Vinitha Srinivasan for R1 Mr.P.S.Raman Senior Counsel For Mr.Prahalad Bhat K for R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the legality of sale proceedings is the subject matter of this writ petition.

2. Though number of grounds have been urged, we find that petitioner has alternative efficacious remedy of approaching the Debts Recovery Tribunal, challenging the measures taken, which

includes the property which is claimed by petitioner as not available for sale. This issue can very well be raised before the Debts Recovery Tribunal. We fail to understand why petitioner has approached this Court without exhausting alternative statutory remedy.

3. With liberty, petition is dismissed. All the issues raised here are available to be raised before the Debts Recovery Tribunal. Since the writ petition has been filed before the expiry of the limitation, if petitioner files an application before the Debts Recovery Tribunal within a period of 45 days, the Debts Recovery Tribunal shall examine the same without going into any issue regarding limitation. There shall be no order as to costs. Consequently, the interim application is also dismissed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 10.12.2025 Index :

Yes/No Yes/No kpl

To The Authorized Officer Punjab National Bank SAMB Chennai, 4th floor, PNB Towers No. 46-49, Royapettah High Road Chennai- 600 014.

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

(kpl) 10.12.2025