V.Mathivanan v. M/S.Indian Overseas Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.4646 of 2024 and W.M.P.(MD)Nos.4481 and 4483 of 2024 V.Mathivanan ... Petitioner -VsM/s.Indian Overseas Bank, Thirukattuthurai Branch, D.No.118, S.F.No.100A, Kodumudi Main Road, Nadaiyanoor Post, Karur District-639117, Rep. by its Authorized Officer, Chief Manager, K.Aswath Raman ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order dated 03.08.2022 in C.M.P.No.582 of 2022, passed under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by the learned Chief Judicial Magistrate, Karur and quash the same as illegal.

For Petitioner : Mr.T.Leninkumar

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order dated 03.08.2022 made in Cr.M.P.No.582 of 2022 passed by the learned chief Judicial Magistrate, Karur under Section 14 of SARFAESI Act, is under challenge in this Writ Petition.

2.According to the petitioner, he is the borrower of the respondent Bank. Due to Covid-19, he could not able to repay the loan amount. Therefore, the respondent Bank initiated SARFAESI proceedings and conducted an e-auction and on completion of auction proceedings, issued sale certificate. Challenging the same, the petitioner filed S.A.No.909 of 2022 before the Debts Recovery Tribunal, Coimbatore. Pending the appeal, the respondent filed an application in Cr.M.P.No.582 of 2022 before the learned Chief Judicial Magistrate, Karur, which was challenged before this Court by filing Writ Petition in W.P.(MD)No.9660 of 2023, wherein this Court vide order dated 26.04.2023, directed the Tribunal to dispose of the said S.A.No.909 of 2022 within a period of three months. 3.Pursuant to the said direction, the Tribunal, after hearing the parties concerned, dismissed the said S.A.No.909 of 2022, vide order dated 12.10.2023.

Aggrieved by the same, the petitioner filed an appeal in R.A.(SA)No.9 of 2024 before the Debts Recovery Appellate Tribunal (DRAT), Chennai. Pending the same, the Advocate Commissioner has issued a notice dated 13.02.2024 stating that he will take physical possession of the property and hand over the same to the respondent. In such circumstances, the petitioner is before this Court. 4.Considering the facts and circumstances of the case, we are of the view that the petitioner has already approached the Debts Recovery Appellate Tribunal by filing an appeal and the same is pending. Therefore, the petitioner has to seek his remedy only before the Appellate Tribunal. Further, the respondent already conducted e-auction sale and issued sale certificate. In such circumstances, we are not inclined to entertain this Writ Petition, accordingly, this Writ Petition stands dismissed with liberty to the petitioner to workout his remedy only before the Appellate Tribunal, Chennai. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 28.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva Note: Issue order copy on 29.02.2024.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.4646 of 2024 28.02.2024