M/S. Ksm Leather Exports v. The Authorized Officer / Assistant General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.481 of 2025 M/s.KSM Leather Exports, Rep. by its, Proprietor, B.Noor Mohammed, S/o. Mohammed Bilaldeen, No.1, Ground Floor, Muthu Street, Periamet, Chennai - 600 003.
Residing at, No.2/11 M.M.Kovilur, P.K.Pudur, Dindigul - 624 005.
: Petitioner Vs.
1.The Authorized Officer / Assistant General Manager, CANARA Bank, 1/4
Teynampet Branch, No.563/1, Anna Salai (Ground Floor), Teynampet, Chennai - 600 018.
2.B.Nizar Ahamed : 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 order in NDN No.141/23 in S.A.SR.No.601 of 2023 dated 28.10.2024 on the file of the Debt Recovery Tribunal, Madurai and quash the same and consequently direct the Debt Recovery Tribunal, Madurai to number the main Securitization Application and to proceed the same in accordance with law.
For Petitioner : Mr.P.R.Prithiviraj For Respondent No.1 : Mr.S.R.A.Ramachandran Additional Government Pleader
O R D E R
************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2/4
2.This writ petition has been filed seeking to quash the impugned order in NDN No.141/23 in S.A.SR.No.601 of 2023 dated 28.10.2024 on the file of the Debt Recovery Tribunal, Madurai and for a consequential direction to the Debt Recovery Tribunal, Madurai to number the main Securitization Application and to proceed the same in accordance with law.
3.Since an effective remedy lies before the Debts Recovery Appellate Tribunal, invoking the jurisdiction of this Court under Article 226 of the Constitution of India would not be permissible and hence, the Writ Petition stands dismissed, with liberty to the petitioner to work out his remedies in accordance with law. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 09.01.2025 Index : Yes/No Internet : Yes/No MR 3/4
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 09.01.2025 4/4