S.Balu v. Sicom Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.17614 of 2025 and W.M.P(MD)Nos.13448 and 13449 of 2025 S.Balu ... Petitioner -vs1. SICOM LTD., Represented by its Authorized Officer, Solitaire Corporate Park, Building No.4, 6th Floor, Guruhargovindji Road, Chakala, Andheri East, Mumbai - 400 093.

2. E-Procurement Technologies, Auction Tiger, A 804/805, Walls Street, -2, Near Orient Club, Opposite Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat, India.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent conducting the Public E-auction cum Sale on 19.06.2025 pursuant to the public E-auction cum Sale Notices dated 10.05.2025 and 13.06.2025 and quash the same as illegal and to direct the 1st respondent to conduct a fresh auction.

For Petitioner : Mr.P.J.Sri Ganesh For Respondents :

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Public E-auction cum Sale Notices issued dated 10.05.2025 and 13.06.2025 is under challenge in the present writ proceedings.

2. Admittedly, E-auction cum Sale Notices has been issued under the provisions of the SARFAESI Act and Rules. Thus, the petitioner has to approach the Debt Recovery Tribunal under the Act. The writ petition is not maintainable in view of the Judgment of the Hon'ble Supreme Court in the case of Celir LLP Vs. Bafna Motors (Mumbai) Private Limited and others reported in (2024) 2 SCC 1.

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3. Thus, granting liberty to the petitioner to approach the Debt Recovery Tribunal, the present writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (A.D.M.C., J.) 30.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm To

1. SICOM LTD., Represented by its Authorized Officer, Solitaire Corporate Park, Building No.4, 6th Floor, Guruhargovindji Road, Chakala, Andheri East, Mumbai - 400 093.

2. E-Procurement Technologies, Auction Tiger, A 804/805, Walls Street, -2, Near Orient Club, Opposite Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat, India.

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