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2026 Supreme(Online)(Mad) 23159
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
C.Sushil – Appellant
Versus
The Managing Director, Indian Bank – Respondent
W.P(MD)No.6759 of 2026 | W.M.P(MD)No.5590 of 2026
For the Appellants/Petitioners: Mr.R.Rajadurai
For the Respondents: Mr.C.Karthick Standing Counsel
The Court ruled that a Writ Petition is not maintainable when an effective alternative remedy exists before the Debts Recovery Tribunal.
Headnote:The present Writ Petition is filed under Article 226 of the Constitution of India to quash the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court found the Writ Petition not maintainable due to the existence of an effective alternative remedy before the Debts Recovery Tribunal. The petitioner is granted liberty to appeal to the Tribunal within a week. The Petition is dismissed.
| Table of Content |
|---|
| 1. details of the petitioner's request. (Para 1) |
| 2. court's assessment of maintainability based on existing alternatives. (Para 2 , 3) |
| 3. final ruling and options for the petitioner. (Para 4) |
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No.6759 of 2026 and W.M.P(MD)No.5590 of 2026 C.Sushil ... Petitioner vs.
1.The Managing Director, Indian Bank Head Office, No.62, Goudiya Mutt Road, Royapettah, Chennai - 600 014.
2.Indian Bank, Represented by its Authorized Officer, Mariammankoil Branch, No.107, Sundaram Meena Extension Nagar, Marriammankoil, Thanjavur. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order passed by the Chief Judicial Magistrate, Thanjavur at Kumbakonam in Crl.M.P.No.1094 of 2024 order dated 06.10.2025 quash the same.
For Petitioner : Mr.R.Rajadurai For Respondents : Mr.C.Karthick Standing Counsel
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.
Challenging the impugned order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Act”) in Crl.M.P.No.1094 of 2024 dated 06.10.2025 on the file of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam, the petitioner has filed the present Writ Petition.
2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
3.At the outset, this Court is of the view that the Writ Petition is not maintainable, since the petitioner has an effective alternative remedy before the Debts Recovery Tribunal as against the order passed under Section 14 of the Act.
4.In such view of the matter, this Court is not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. However, liberty is granted to the petitioner to file an appeal before the Debts Recovery Tribunal within a period of one week from the date of receipt of a copy of this order. Till such time, no coercive steps shall be taken by the respondents. There shall be no order as to costs.
