S. Ramuthai v. Tamilnad Mercantile Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.R.P(MD)No.1785 of 2025 and C.M.P(MD)No.9735 of 2025 1.S.Ramuthai 2.M.Seenivasan ... Petitioners/Petitioners/ Applicants -Vs1.Tamil Nadu Mercantile Bank, Rep by its Authorized Officer, Madurai Main Branch, 51, East Avanai Moola Street, Madurai-625 001.

2.Tamil Nadu Mercantile Bank, Rep by its Recovery Officer, Madurai Main Branch, 51, East Avanai Moola Street, Madurai-625 001.

... Respondents/Respondents/ Respondents PRAYER: Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the impugned order dated 13.03.2025 passed in I.A.No.95 of 2023 in S.A.S.R.No.296 of 2023 on the file of the Debts Recovery

Tribunal, Madurai and set aside the same.

For Petitioners : Mr.R.Aravindan For Respondents : Mr.ARM.Ramesh

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Civil Revision Petition has been filed against the order dated 13.03.2025 passed in I.A.No.95 of 2023 in S.A.S.R.No.296 of 2023 by the Debts Recovery Tribunal, Madurai.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3.Admittedly the petitioners have an appeal remedy under Section 18 of the SARFAESI Act before the Debts Recovery Appellate Tribunal, however, without availing the same, they have approached this Court by way of filing the present civil revision petition. Therefore, the Civil Revision petition is not maintainable.

4.In view of the above, this Civil Revision Petition stands dismissed as not maintainable. However, the time taken for prosecuting this revision shall be excluded for the purpose of limitation. The petitioner shall file the appeal before the Debts Recovery Appellate Tribunal, Madurai, within 15 days from the date of return of the original order copy by the Registry of this Court. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] & [R.P., J.] 24.07.2025 NCC : Yes / No Index : Yes / No NS Note:Issue order copy on 25.07.2025 Note:

Registry is directed to return the original order copy to the petitioner within 2 days, after substituting the Xerox copy of the same To 1.Debts Recovery Tribunal Madurai.

2.Debts Recovery Appellate Tribunal, Madurai.

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns C.R.P(MD)No.1785 of 2025 24.07.2025