Supreme Coated Board Mills Private Limited v. City Union Bank Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P. (MD) No.21020 of 2023 Supreme Coated Board Mills Private Limited, Through its Managing Director, Smt. M.Thangeswari, Registered Office at 2/2205, Viswanathan Village, Behind Sakkammal Koil, Sivakasi, Virudhunagar District.

...Petitioner

-Vs.- City Union Bank Ltd., 13, Chairman NPSN Arumugam Road, Through its Authorised Officer, P.Ganesan, S/o. Pitchai, Credit Recovery and Management Department, 'Narayan' Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam, Thanjavur District.

...Respondent

PRAYER:- Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur, in Cr.M.P.No.40/2021, dated 02.09.2023, and quash the same as illegal.

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For Petitioner : Mr.D.Dhanachandra Prakash For Respondent : Mr.N.Dilipkumar ****

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) This Writ Petition challenges the order passed by the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur, in Crl.M.P.No.40 of 2021, dated 02.09.2023.

2. It is an order passed under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and as against the order an appeal lies before the jurisdictional Debts Recovery Tribunal.

3. Therefore, granting thirty days time to the petitioner to move the jurisdictional Debts Recovery Tribunal, this Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions is closed.

[S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 13.10.2023 Index :Yes/No SJ 2/3

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ 13.10.2023 3/3