M/S. Dhanalakshmi Timbers v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.11116 to 11118 of 2023 M/s.Dhanalakshmi Timbers, Rep., by its Managing Partner, Shenbaga Raman ... Petitioner -Vs1.The Authorized Officer, Karur Vysya Bank Ltd., Asset Recovery Branch, R.S.No.170/9, Uthangudi Village, Near Mattuthavani Bus Stand, Madurai-625 023.

2.The Branch Manager, Karur Vysya Bank Ltd., Tenkasi Branch, Tenkasi.

3.K.N.L.Subbiah ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned 1/3

sale certificate dated 21.04.2023 issued by the 1st respondent in favour of the 3rd respondent and quash the same and consequently, to direct the respondents 1 and 2 to receive amount from the petitioner to redeem the property. For Petitioner : Mr.D.Deepak Arasu For R1 & R2 : Mr.V.Sukumar For R3 : Mr.Niranjan S.Kumar

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This Writ Petition has been instituted, challenging the sale certificate issued under SARFAESI Rules. The proceedings issued under SARFAESI Act and Rules are not amenable to Writ jurisdiction, in view of the legal principles laid down by the Hon'ble Supreme Court of India in the case of Celir LLP Vs. Bafna Motors (Mumbai) Private Limited and others reported in (2024) 2 SCC 1. Thus, this Writ Petition is not maintainable and the same stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 05.08.2025 NCC : Yes / No Index : Yes / No Yuva 2/3

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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