Madras High CourtWP(MD)/5647/2024disposed of

Mohammed Salih.K v. M/S. Tamilnau Mercantile Bank Limited

2024-03-08Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.5355 of 2024 K.Mohammed Salih : Petitioner Vs.

M/s.Tamil Nadu Mercantile Bank Ltd., Rep. by its Authorized Officer / Assistant General Manager, Mr.D.Sivakumar, D.No.2-6/1H3, 1st Floor, Bharathi Nagar, Chinnalapatti, Dindigul.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for further proceedings under the SARFAESI Act pursuant to the impugned order dated 30.06.2023 in Cr.M.P.No.402 of 2023 issued by the Learned Chief Judicial Magistrate Court, Pudukkottai and quash the same.

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For Petitioner : Mr.K.Rajeshwaran For Respondent : Mr.N.Dilip Kumar Standing Counsel

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed as against the impugned order dated 30.06.2023 passed by the Learned Chief Judicial Magistrate Court, Pudukkottai in Cr.M.P.No.402 of 2023. 2.Heard Mr.K.Rajeshwaran, learned Counsel appearing for the petitioner and Mr.N.Dilip Kumar, learned Standing Counsel for the respondent Bank.

3.This Writ Petition challenging the aforesaid impugned proceedings cannot be entertained, since the petitioner has got an efficacious alternate remedy of approaching the Debts Recovery Tribunal by filing an appeal under the SARFAESI Act. 4.The learned Counsel for the petitioner seeks liberty of this Court to approach the Debts Recovery Tribunal by filing an appeal under the SARFAESI Act.

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5.Accordingly, this Writ Petition stands disposed of with liberty to the petitioner to approach the Debts Recovery Tribunal by filing an appeal under the SARFAESI Act. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 08.03.2024 Index : Yes/No Internet : Yes/No MR To M/s.Tamil Nadu Mercantile Bank Ltd., Rep. by its Authorized Officer / Assistant General Manager, Mr.D.Sivakumar, D.No.2-6/1H3, 1st Floor, Bharathi Nagar, Chinnalapatti, Dindigul.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 08.03.2024 4/4