Ponvel Bio Energy And Ponvel Traders v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and WMP(MD) No.26056 of 2024 Ponvel Bio Energy and Ponvel Traders Through its proprietor Somasundaram Ellammal ... Petitioner Vs

1. The Regional Manager, Protium Finance Limited No.144/1, 1st Floor, Bye Pass Road, Fathima Nagar, Bethaniyapuram, Madurai - 625 016..

2. The Authorized Officer, Protium Finance Limited, Office at Nirlin Knowledge Part (Nkp) B-2, 7th Floor, Pahadi Village, Off. the Western Express Highway, Cama Industrial Estate Goregaon (E) Mumbai, Maharasthra ... Respondents 1/3

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned Sale Notice of the 2nd respondent dated 30.10.2024, issued under Section 13(4) of the SARFAESI Act, 2002 for the subject property and quash the same. For Petitioner : Mr.R.Anandharaj for M/s.R.Tamilvanan

ORDER

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 dismissed. No costs. Consequently connected Miscellaneous Petition is closed. [M.S.R.,J] [A.D.M.C.,J] 06.01.2025 NCC : Yes/No RR 2/3

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.31024 of 2024 Date : 06.01.2025 3/3