IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP Nos.805 and 809 of 2025 and WMP No Nos.986, 987, 993 and 995 of 2025 M/s.Pro Knits Rep. by its Partner, Mr.S.Ravikumar, SF.No.460, A.B.Nagar, Gandhi Nagar Post, Tirupur, Tamil Nadu 641 602. .. Petitioner in both WPs.

-vs-

1. The Board of Directors of Canara Bank, Rep. by its Managing Director, 112, J C Road, Bangalore 560 002.

2. Canara Bank, Rep. by its Managing Director/Chief Executive Officer, 112, J C Road, Bangalore 560 002.

3. Authorised Officer, Canara Bank, Mid Corporate Branch, 70/74, J G Nagar, 2nd Street, 60 Feet Road, Tiruppur 641 602.

4. Asset Recovery Management Branch, Canara Bank, Coimbatore, Gujarati Samaj Building, 661-1, Mettupalayam Road, R.S.Puram, Coimbatore 641 002.

5. Muthulakshmi Advocate Commissioner Appointed in Crl.M.P.No.9564/2023 in the files of CJM, Tiruppur, TN District Collectorate Complex, Tiruppur, Tamil Nadu 641 604.

6. Station House Officer, 15 Velampalayam Police Station, A.Thirumuruganpoondi, Tiruppur, Tamil Nadu 641 652.

7. Station House Officer, Tiruppur North Police Station, Kumaran Road, Kannipiran Colony, Valipalayam, Tirupur, TN 641602.

8. Chief Manager, Asset Recovery Management Branch, Canara Bank, Coimbatore, Gujarati Samaj Building, 661-1, Mettupalayam Road, R.S.Puram, Coimbatore 641002. 9. General Manager, Asset Recovery Management Branch, Canara Bank, Coimbatore, Gujarati Samaj Building, 661-1, Mettupalayam Road, R.S.Puram, Coimbatore 641002.

10. Board of Directors of the ECGC Ltd., Rep. by its Managing Director, Express Towers, 10th Floor, Nariman Point, Mumbai 400021.

11. ECGC Limited, Tirupur 641 601.

12. Ministry of Micro Small and Medium Enterprises, Rep. by its Secretary, Udyog Bhawan, Rafi Marg, New Delhi, Delhi 110 001.

13. Union of India, Rep. by its Secretary, Department of Financial Services, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi 110 001.

14. Reserve Bank of India, Rep. by its Chief General Manager and Secretary, Shahid Bhagat Singh Road, Fort, Mumbai 400 001. .. Respondents in both WPs.

Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of (i) WP.No.805/2025 - Writ of Declaration to declare that section 13 of the SARFAESI Act and Section 19 of the RDB Act Sections 7, 9, 10 and 95 of the IBC are unconstitutional, ultra vires and void and are liable to be so declared inasmuch as the said enactments are wholly one-sided, drafted on the grossly erroneous premise that the right to relief, nay, remedies, arise only at the hands of a banker as against the borrower and that the enquiry to be conducted is wholly one-sided or in the alternative to declare that the borrower's right to be an actor / petitioner for the enforcement of his remedies has to be read into the said acts; b. Writ of Declaration to declare that the entire recovery steps initiated by Respondents 1 to 4 Bank under the SARFAESI act or any other law is without jurisdiction, illegal and void in as much as the Respondents are not entitled to take recourse to any form of recovery of the amounts they claim to be due to them from the petitioner except in the manner permitted by the 'Committee for Corrective Action Plan' contemplated in notification S.O .1432 (E) dated 29.5.2015; c. Writ of Declaration to declare that the petitioner is entitled to be compensated by Respondents 1-4 bank for the loss and injury, which it has suffered on account of the gross breach of contract and trust, culpable negligence, and malicious and tortious action at the hands of the bank, financial institution and its officers, which loss and injury far exceeds the very claim of the Bank as against the petitioner and therefore, no amount is due to the Respondents by the petitioner and further that the Respondents have no enforceable rights as against the petitioner; d. Writ of Prohibition to prohibit Respondents 1-4 Bank / Finan