Case Note & Summary
The petitioner, B. Arikaran, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court, challenging an order passed in Crl.M.P.No.3226 of 2024 by the Chief Judicial Magistrate, Theni, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), dated 08.05.2024. The respondents were the Authorized Officer and Branch Manager of City Union Bank, Bodinayakanur Branch. During the hearing, the counsel for the petitioner sought permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal (DRT), and made an endorsement to that effect. The court, comprising Justice M.S. Ramesh and Dr. Justice A.D. Maria Clete, allowed the withdrawal and dismissed the writ petition as withdrawn, granting liberty to the petitioner to approach the DRT. No costs were awarded, and connected miscellaneous petitions were closed. The judgment is brief and does not delve into the merits of the case.
Headnote
A) Banking Law - SARFAESI Act - Section 14 - Writ Jurisdiction - Petitioner challenged order under Section 14 of SARFAESI Act before High Court - Counsel sought permission to withdraw petition with liberty to approach Debts Recovery Tribunal - Court permitted withdrawal and dismissed petition as withdrawn - Held that petitioner may approach appropriate forum (Paras 1-2).
Issue of Consideration
Whether the writ petition challenging an order under Section 14 of the SARFAESI Act should be entertained or the petitioner be permitted to withdraw and approach the Debts Recovery Tribunal.
Final Decision
Writ Petition dismissed as withdrawn, with liberty to the petitioner to approach the Debts Recovery Tribunal. No order as to costs. Connected miscellaneous petitions closed.
Law Points
- Withdrawal of writ petition
- Liberty to approach alternative forum
- SARFAESI Act Section 14
Case Details
2025 LawText (MAD) (01) 4
W.P.(MD)No.2575 of 2025 and W.M.P.(MD)Nos.1818 & 1819 of 2025
M.S. Ramesh, A.D. Maria Clete
1. The Authorized Officer, City Union Bank, Bodinayakanur Branch, Theni District. 2. The Branch Manager, City Union Bank, Bodinayakanur Branch, Theni District.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order passed under Section 14 of the SARFAESI Act by the Chief Judicial Magistrate, Theni.
Remedy Sought
Petitioner sought a Writ of Certiorari to quash the order in Crl.M.P.No.3226 of 2024 dated 08.05.2024 passed by the Chief Judicial Magistrate, Theni under Section 14 of the SARFAESI Act.
Filing Reason
Petitioner challenged the order under Section 14 of the SARFAESI Act passed by the Chief Judicial Magistrate, Theni.
Issues
Whether the writ petition challenging an order under Section 14 of the SARFAESI Act should be entertained or the petitioner be permitted to withdraw and approach the Debts Recovery Tribunal.
Submissions/Arguments
Counsel for the petitioner sought permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal.
Ratio Decidendi
The court permitted the petitioner to withdraw the writ petition and approach the Debts Recovery Tribunal, as the petitioner's counsel sought such liberty. No merits were discussed.
Judgment Excerpts
The learned Counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition, with liberty to approach the Debts Recovery Tribunal.
Accordingly, this Writ Petition stands dismissed as withdrawn, with liberty to the petitioner to approach the Debts Recovery Tribunal.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court challenging an order under Section 14 of the SARFAESI Act dated 08.05.2024. During hearing, counsel sought withdrawal with liberty to approach DRT. Court allowed withdrawal and dismissed petition on 30.01.2025.
Acts & Sections
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act): Section 14
- Constitution of India: Article 226
