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2021 Supreme(Mad) 3321

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Punjab National Bank Asset Recovery Management Branch rep. by its Chief Manager, Chennai – Appellant
Versus
Shivakeshav Pillai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.M.L.Ganesh

ORDER :

Sanjib Banerjee, J.

Though the matter has been put up by the Registry to consider the maintainability, it is desirable that the Registry merely puts up a note at the time of admission and not expresses any view as to the maintainability of any matter, since that is an exercise of judicial authority. However, that does not imply that any doubts need not be expressed; only that a note may be appended for the Bench to take notice of, if it appeals to the relevant Bench.

2. In the present case, since Article 227 of the Constitution of India has been invoked, which gives plenary authority to this Court to exercise superintendence over the discharge of judicial functions within the territory of the State, any order passed by any Court or Tribunal within the territory is amenable to challenge in this jurisdiction and the question of maintainability does not arise. It is, however, an entirely different matter that the Court may not entertain certain kinds of petitions because they are at the initial stage of the proceedings or the like. However, any order or action of any Court or Tribunal within the territory of the State is amenable to challenge under Article 227 of the Constitution

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