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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
S.Balu – Appellant
Versus
SICOM LTD., Represented by its Authorized Officer – Respondent
| Table of Content |
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| 1. the auction notices under sarfaesi act must be challenged at the tribunal. (Para 1 , 2) |
| 2. the writ petition is dismissed, and the petitioner may seek remedy before the debt recovery tribunal. (Para 3) |
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The Public E-auction cum Sale Notices issued dated 10.05.2025 and
13.06.2025 is under challenge in the present writ proceedings.
2. Admittedly, E-auction cum Sale Notices has been issued under the provisions of the SARFAESI Act and Rules. Thus, the petitioner has to approach the Debt Recovery Tribunal under the Act. The writ petition is not maintainable in view of the Judgment of the Hon'ble Supreme Court in the case ofCelir LLP Vs. Bafna Motors (Mumbai) Private Limited and others reported in(2024) 2 SCC 1
3. Thus, granting liberty to the petitioner to approach the Debt Recovery Tribunal, the present writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
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