Sivaramalingam.M v. M/S. India Infoline Housing Finance Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.18472 of 2023 M.Sivaramalingam ... Petitioner -vsM/s.India Infoline Housing Finance Ltd., rep.by its Authorized Officer C.Bharanitharn S/o.RM.Chidambaram Office at No.58, First Floor Aabove Puppy's Bakery No.80 Feet Road Anna Nagar Madurai-625 020 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the entire records connected with the order in Cr.M.P.No.484 of 2023, dated 24.07.2023, passed by the learned Chief Judicial Magistrate, Madurai and quash the same.

For Petitioner :

Mr.S.Malaikani For Respondent :

No appearance

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order dated 24.07.2023, passed in Cr.M.P.No.484 of 2023, by the learned Chief Judicial Magistrate, Madurai, under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is under challenge in this writ petition.

2. On 12.09.2023, when the matter came up for admission, this Court has granted an order of interim stay.

3. It is to be noted that the petitioner is having efficacious alternative remedy of approaching the jurisdictional Debts Recovery Tribunal for redressal of his grievance. Therefore, we are not inclined to entertain this writ petition.

4. Granting liberty to the petitioner to approach the jurisdictional Debts Recovery Tribunal within a period of three weeks from the date of receipt of a copy of this order for redressal of his grievance in the manner known to law, this writ petition is disposed of. The order of interim stay granted by this Court shall be in force till such time. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 03.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Chief Judicial Magistrate, Madurai.

2.The Debts Recovery Tribunal, Madurai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.18472 of 2023

03.01.2024