M/S. Cholamandalam Investment And Finance Company Limited v. Debts Recovery Tribunal, Madurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M/s.Cholamandalam Investment and Finance Company Limited, Rep. by its authorized Officer, Chandra Narayanan, 2nd Floor, PLA Towers, No.30, Gandhi Nagar, 2nd Street, Dindigul Main Road, Ponnagar, Trichy - 620 001.
: Petitioner Vs.
1.Debts Recovery Tribunal, Madurai III & IV Floor, Kalyani Towers, 4/162 Madurai - Melur Road, Uthangudi, Madurai - 625 107.
2.Mohammed Muhibullah A : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first 1/5
respondent to hear and dispose of the Securitization Application bearing S.A.No.341/2024 which is filed by the second respondent under Section 17 of SARFAESI Act, 2002 on the file of Debt Recovery Tribunal, Madurai as expeditiously as possible in any event, within stipulated time fixed by this Court. For Petitioner : Mr.P.Saravanan
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.This writ petition has been filed seeking to direct the first respondent to hear and dispose of the Securitization Application bearing S.A.No.341/2024 which is filed by the second respondent under Section 17 of SARFAESI Act, 2002 on the file of Debt Recovery Tribunal, Madurai as expeditiously as possible. 3.Since an effective remedy lies before the Debts Recovery Tribunal, invoking the jurisdiction of this Court under Article 226 of the Constitution of India would not be permissible 2/5
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.
[M.S.R.,J.] & [A.D.M.C.,J.] 10.01.2025 Index : Yes/No Internet : Yes/No MR 3/5
To Debts Recovery Tribunal, Madurai III & IV Floor, Kalyani Towers, 4/162 Madurai - Melur Road, Uthangudi, Madurai - 625 107.
4/5
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 10.01.2025 5/5