Rajappa Rajkumar v. The Deputy Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and All connected Miscellaneous Petitions W.P.(MD)No.22415 of 2023:
Rajappa Rajkumar : Petitioner Vs.
1.The Deputy Director, Ministry of Finance, Government of India, Department of Financial Services, 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi.
2.The Secretary, Ministry of Micro, Small and Medium Enterprises, Government of India, Udyog Bhawan, Rafi Marg, New Delhi - 110 011.
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3.The District Collector, Trichy District, Trichy.
4.The General Manager, Circle Office, Canara Bank, No.563, Anna Salai, Teynampet, Chennai - 600 018.
5.The Branch Manager, Canara Bank, Thuvakudi Branch, Thuvakudi, Trichy - 620 015.
6.The Authorized Officer, Canara Bank, Assets Recovery Management (ARM) Branch, 1st Floor, Regional Office Building, Muthaiah Tower, Williams Road, Trichy - 620 001.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned E-Auction notice issued by the sixth respondent on 09.08.2023 and to quash the same and consequently direct the respondents 4 to 6 not to proceed as 2/6
against the petitioner's unit and properties which has been given s security under SARFAESI Act till the Revival and Rehabilitation process completed by the respondents 1 and 2. For Petitioner : Mr.M.R.Sreenivasan For Respondents 1&2 : Mr.K.Govindarajan Deputy Solicitor General of India For Respondent No.3 : Mr.T.Amjadkhan Government Advocate For Respondents 4&5 : No appearance For Respondent No.6 : Mr.F.Deepak COMMON ORDER ******************** [Common Order of the Court was made by V.LAKSHMINARAYANAN, J.] The Writ Petitioners challenge the e-auction notice that has been issued by the respondent Bank.
2.A sale notice is challengeable by way of appeal under Section 17 of 'the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002' [hereinafter 'SARFAESI Act' for the sake of brevity].
3.Learned Counsel for petitioners would invite our attention to the proceedings of the General Manager, District Industries Centre, Trichy dated 18.11.2023 and states that the 3/6
Bank have agreed that 15 units can go in for OTS and they have been found viable. Whether the petitioner is one of the 15 units have not been stated in the said minutes. It is up to the petitioner to approach the Bank and try to convince them for OTS. Such a relief is not maintainable by way of a Mandamus. If aggrieved by any proceedings of the Bank, the remedy is only to go before the Debts Recovery Tribunal, whereas for a SARFAESI action, normally a writ is not maintainable. It is open to the petitioners to raise all the points including the revised MSME Policy before the Debts Recovery Tribunal.
4.Accordingly, these Writ Petitions stand dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S.,J.] & [V.L.N.,J.] 24.11.2023 Index : Yes/No Internet : Yes/No MR 4/6
To 1.The Deputy Director, Ministry of Finance, Government of India, Department of Financial Services, 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi.
2.The Secretary, Ministry of Micro, Small and Medium Enterprises, Government of India, Udyog Bhawan, Rafi Marg, New Delhi - 110 011.
3.The District Collector, Trichy District, Trichy.
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S.M.SUBRAMANIAM , J.
AND V.LAKSHMINARAYANAN , J.
MR ORDER MADE IN 24.11.2023 6/6