IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
D.Mohan – Appellant
Versus
The Chief Manager, Canara Bank, Theppakulam, Trichy- 2. – Respondent
| Table of Content |
|---|
| 1. writ for repayment sought after loan default. (Para 1 , 2) |
| 2. court maintains that alternate remedies under sarfaesi act should be exhausted. (Para 3) |
| 3. petitioner advised to seek proper legal avenues. (Para 4) |
| 4. writ petition dismissed with no costs. (Para 5) |
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The writ of Mandamus has been instituted to direct the respondent to repay a sum of Rs.25 Lakhs deposited as the conditional order passed by the this Court in W.P.(MD) No.1597 of 2022.
2.It is not in dispute between the parties that the petitioner borrowed loan, committed default and action under the SARFAESI Act was initiated and the property was brought to auction. At that point of time, a writ petition has been instituted and a conditional order was passed to deposit some amount. The petitioner seems to have deposited the said amount. Now, the present writ petition is filed seeking repayment of the said amount on the ground that the dues were cleared. However, the entire transactions are relating to auction initiated under the SARFAESI Act . Even presuming that it is not relating to borrowing of loan and deficiency in service, then also the writ petiti
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