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2026 Supreme(Online)(Mad) 35984

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, N.SENTHILKUMAR, JJ
Mohanasundari – Appellant
Versus
The State Bank of India – Respondent
W.P.No.7418 of 2026 | W.M.P.No.7992 of 2026



Advocates:
For the Appellants/Petitioners: Mr.Sudharshana Sunder
For the Respondents: Mr.B.Raghavalu Naidu Standing Counsel

Writ petition against SARFAESI demand notice not entertained; petitioner directed to Debts Recovery Tribunal for efficacious statutory remedy.

Headnote:First Paragraph: Under Section 13(b) of the Security Interest (Enforcement) Rules, 2002, and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the petitioner challenged a demand notice claiming Rs.33,85,84,787/-, seeking reconciliation per admitted liquidation claim. The court found the writ petition premature as statutory remedy available. Second Paragraph: The issue was whether to entertain writ against SARFAESI demand notice bypassing Debts Recovery Tribunal. Ratio: Statutory remedy under SARFAESI Act efficacious, writ not to be entertained. Third Paragraph: Writ petition dismissed with liberty to approach Debts Recovery Tribunal.

Table of Content
1. prayer challenges demand notice under sarfaesi. (Para 1)
2. writ dismissed; pursue debts recovery tribunal. (Para 2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR W.P.No.7418 of 2026 and W.M.P.No.7992 of 2026 Mohanasundari ..Petitioner Vs

1. The State Bank of India, Rep by its Assistant Manager/Authorised Officer, Ambattur Branch, Chennai.

2. The Chief Manager, State Bank of India, SAMB Branch, Red Cross Building, 32, Red Cross Road, Chennai - 600 001.

3. The Authorised officer, State Bank of India, Stressed Assets Management Branch, Chennai.

..Respondents PRAYER : Petition filed under Article 226 of Constitution of India, praying for issuance of writ of certiorarified mandamus to call for the records relating to the impugned demand notice dated 20.01.2026 claiming Rs.33,85,84,787/- issued by the third respondent under Section 13(b) of the security interest (Enforcement) Rules and direct the respondents to reconcile accounts strictly in accordance with the admitted liquidation claim For Petitioner : Mr.Sudharshana Sunder For Respondents : Mr.B.Raghavalu Naidu Standing Counsel

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.)

The prayer sought for herein is to call for the records relating to the impugned demand notice dated 20.01.2026 claiming a sum of Rs.33,85,84,787/- issued by the third respondent under Section 13(b) of the security interest (Enforcement) Rules and to direct the respondents to reconcile the accounts strictly in accordance with the admitted liquidation claim.

2. For getting such relief, it is open to the petitioner to approach the Debts Recovery Tribunal under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Instead of availing the statutory remedy, which is an efficacious one, the petitioner has approached this Court by filing the present writ petition. Therefore, we are not inclined to entertain this writ petition. Accordingly, this Writ Petition is dismissed granting liberty to the petitioner to approach the Debts Recovery Tribunal. However, there shall be no order as to costs.

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