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Madras High CourtWP(MD)/30307/2024dismissed

M/S. Maxicon Export v. The Authorized Officer

2024-12-13Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and WMP(MD) No.25492 and 25494 of 2024

1. M/s. Maxicon Export, represented by its Partners N.Dhanaraj and D.Subadevi

2. Dhanaraj,

3. Subadevi, ... Petitioners Vs

1. The Authorized Officer, Canara Bank, Arm Branch, Trichy..

2. The Authorized Officer, Canara Bank, Karur Branch Karur..

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the respondent from confirming the auction sale conducted on 27.11.2024 pursuant to his sale notice dated 28.08.2024 and thereby direct the 1/3

respondent to issue NOC and Partial discharge of petitioner property given as collateral based on petitioner representation dated 26.10.2024 submitted through Email and post within the time limit that may be stipulated by this Court.

For Petitioner : Mr.E.Satheesh For Respondents : Mr.Pethu Rajesh

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The appropriate forum to redress the grievance put forth in this writ petition would be the Debt Recovery Tribunal, Madurai. When such an alternative remedy is available, it would not be justifiable to entertain the present writ petition. Accordingly, the petitioner is granted liberty to approach the Debt Recovery Tribunal for redressal of his grievances.

2. With the above liberty, the writ petition stands closed. No costs. Consequently connected Miscellaneous Petitions are closed. [M.S.R.,J] [A.D.M.C.,J] 13.12.2024 NCC : Yes/No RR 2/3

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.30307 of 2024 Date : 13/12/2024 3/3