Alagiya Sunthari N v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) Nos.18189 & 18191 of 2025 N.Alagiya Sunthari ... Petitioner -vs1.The Authorized Officer City Union Bank Ltd., Credit Recovery and Management Department Administrative Office No.24B Gandhi Nagar Kumbakonam-612 001 2.The Branch Manager City Union Bank Limited Madurai SS Colony Branch Kannadasan Main Street (Opp. To Vajra Apartment) S.S.Colony, Madurai-625 010 3.Nagalingam

Joint Managing Trustee and Executive Trustee M/s.Alagiya Sunthari Venkateswari Educational Trust Plot No.14, Shanmuganathan Visithra Vanitha Illam, SKS Nagar Uthangudi, Madurai-625 107 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records pursuant to the impugned auction sale notice of the first respondent dated 05.08.2025 vide C.O./REC/NPA/2025-26 and quash the same.

For Petitioner :

Ms.A.Lakshmi for M/s.Polax Legal Solutions For Respondents :

Mr.N.Dilip Kumar for R1 & R2

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The re-tender-cum-auction sale notice, dated 05.08.2025, issued by the first respondent, under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is sought to be assailed in the present writ proceedings.

2. The petitioner is admittedly a borrower and she has committed default in repayment of the loan amount. Thus, actions were initiated under the said Act to recover the loan amount.

3. The impugned re-tender-cum-auction sale notice issued under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is not amenable to the writ jurisdiction, in view of the legal principles settled by the Honourable Supreme Court of India in the case of Celir LLP vs. Bafna Motors (Mumbai) (P) Ltd., reported in (2024) 2 SCC 1.

4. That apart, the actions initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, are to be resolved by approaching the Tribunal constituted under the said Act.

5. That being the position, the present writ petition is not maintainable and the same is, therefore, dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.] 25.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) Nos.18189 & 18191 of 25.08.2025