IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
Kuberan – Appellant
Versus
GRIHUM Housing Finance Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to a lower court order. (Para 1) |
| 2. importance of exhausting alternative remedies before the high court. (Para 2) |
| 3. court's dismissal of the writ petition for lack of jurisdiction. (Para 3) |
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The writ on hand has been instituted challenging the order passed by the learned Chief Judicial Magistrate, Pudukkottai, dated 22.04.2025, passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 . Thus, appeal would lie under Section 17 of the said Act before the Debts Recovery Tribunal.
2. The legal position in this regard has been upheld by the Honourable Supreme Court of India in the case of Celir LLP Vs. Bafna .
Motors (Mumbai) Private Limited and others, reported in (2024) 2 SCC 1 Paragraph Nos.97, 98, 110 and 110.1 of the said decision would be relevant in this context and they have been extracted hereunder:-
“97.This Court has time and again, reminded the High Courts that they should not entertain petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person under the provision
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