ORDER :

R. Mahadevan, J.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the order dated 05.04.2022 made in Crl.M.P.No.217 of 2022 passed by the learned Chief Judicial Magistrate, Madurai District and quash the same.

The prayer made in this Writ Petition is to issue a Writ of Certiorari, to quash the order dated 05.04.2022 made in Crl.M.P.No.217 of 2022 passed by the learned Chief Judicial Magistrate, Madurai District.

2. Though there is availability of expeditious and effective remedies under the SARFAESI Act, this writ petition has been filed, since the Debts Recovery Tribunal, Madurai, is not functional.

3. Before going into the issue raised in this writ petition, we deem it fit to consider the relevant provisions under the SARFAESI Act and the decisions of the Hon'ble Supreme Court as well as this Court in this regard, which will make one understand about the enforcement of security interest by the Banks or financial institutions in case of default in repayment of secured debt, vice versa the rights of the borrower against such enforcement.

4. Section 13 of the Securitisati