Court judgment | WP(MD)/25441/2024 of R. Revathy Vs The Presiding Officer

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W.P.(MD) No.25441 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.25441 of 2024
and
W.M.P.(MD)Nos.21589 to 21591 of 2024
1.R.Revathy
2.M.Ravikumar
                          
...  Petitioners
-vs-
1.The President Officer,
   Debts Recovery Tribunal,
   Madurai. 
2.The HDFC Bank Ltd.,
   Rep. By its Authorized Officer,
   No.406, Sakthi Sivam Plaza Pumping Station Road,
   9th Cross Street, K.K.Nagar,
   Madurai - 625020. 
 
    
...  Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to 
issue a Writ of Certiorari, calling for the records relating to the impugned 
order in S.A.No.610 of 2024 dated 19.09.2024 passed by the 1st respondent 
and quash the same as illegal and consequently directing the respondents to 
modify the installments amounts. 
For Petitioners
: Mr.K.S.Durai Pandian
For 1st Respondent
: Mr.S.Karthick
  Central Government Standing Counsel 
For 2nd Respondent  
: Mr.N.S.Karthikeyan
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W.P.(MD) No.25441 of 2024
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.S.Karthik, learned Central Government  Standing  Counsel takes 
notice for the 1st respondent. Mr.N.S.Karthikeyan, learned counsel takes 
notice for the 2nd respondent.
 
2.The challenge in this Writ Petition is to the interim order granted by 
the Debts Recovery Tribunal, pending disposal of Securitization Application, 
in  which  the  order  passed  under  Section  14  of  the  SARFAESI  Act  is 
challenged. 
3.It is the grievance of the petitioner that the conditions imposed by 
the Debts Recovery Tribunal in the interim order are onerous. It is open to 
the petitioner to file an Appeal against the order before the Debts Recovery 
Appellate  Tribunal.  Hence,  we  do  not  think  we  can  entertain  the  Writ 
Petition. Leaving it open to the petitioner to approach the Appellate Tribunal, 
the  Writ  Petition  is  dismissed.  No  Costs.  Consequently,  connected 
miscellaneous petitions are closed. 
                                        
       [R.S.M., J.]             [L.V.G., J.]
   
               
 23.10.2024
NCC 
:
 Yes/No
Index 
:
 Yes/No
Internet :
Yes 
          
Mrn
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W.P.(MD) No.25441 of 2024
To
The President Officer,
Debts Recovery Tribunal,
Madurai. 
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https://www.mhc.tn.gov.in/judis

W.P.(MD) No.25441 of 2024
R.SUBRAMANIAN
 
 , J.
 
 
and
L.VICTORIA GOWRI
 
 , J.
 
 
Mrn
W.P.(MD) No.25441 of 2024
23.10.2024
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WP(MD)/25441/2024 of R. Revathy Vs The Presiding Officer - Madras High Court (Madras High Court)