N.Prabhaharan v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD).No.29845 of 2024 and WMP(MD) No.25154 of 2024 N.Prabhaharan ... Petitioner Vs The Authorized Officer, Canara Bank, SME Branch, Thiruvarambur, Trichy - 04..

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned Sale Notice issued by the respondent dated 14.11.2024 and quash the same as it is illegal and unconstitutional and consequently direct the respondent to formulate a revival and rehabilitation scheme for the petitioners unit as per the MSME - Development Act, 2006.

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For Petitioner : Mr.V.Panneerselvam For Respondent : Mr.C.Deepak

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The challenge made in the writ petition is to the impugned sale notice issued by the respondent, which can be agitated before the Debt Recovery Tribunal.

2. In view of the alternative remedy available, the present writ petition would not be appropriate. Hence, the writ petition stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

[M.S.R.,J] [A.D.M.C.,J] 10.12.2024 NCC : Yes/No Index : Yes/No Note:

(1)Registry shall return the impugned order to the counsel for the petitioner, after retaining a photocopy of the same.

(2) Order copy on 10.12.2024 RR 2/3

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.29845 of 2024 Date : 10/12/2024 3/3