ORDER :

(R. Mahadevan, J.)

(Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned sale notice issued by the 2nd respondent in his proceedings in Ref. SARF/MELUR/3/2022 dated 29.10.2022 and quash the same as illegal and unconstitutional and consequently forbearing the respondents from in any manner proceeding with the sale of the Secured Assets of the petitioner which are hypothecated with the respondent bank without following due process of law.)

Challenging the sale notice dated 29.10.2022, issued by the second respondent – bank, the petitioner has come forward with this writ petition.

2. Heard Mr.B.Karuppasamy, learned counsel for the petitioner and Mr.P.Pethurajesh, learned Standing Counsel, appearing for the respondents – Bank.

3. 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. Before going into the issue raised in this writ petition, we deem it fit to consider the following sequence of the provisions under the SARFAESI Act and the dec