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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 01.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.(MD)No.8014 of 2026 and

W.M.P.(MD)Nos.6555 & 6557 of 2026

Sudalaimuthu ... Petitioner

Vs.

1.State Bank of India, Ambasamudram Branch,

Tirunelveli District, Rep.by its Chief Minister.

2.Milton ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the order passed in OA.No.740/2014 dated 28.05.2025 on the file of the Debt

Recovery Tribunal, Madurai and quash the same as illegal.

For Petitioner : Mr.T.A.Ebenezer

For R1 : Mr.N.S.Karthikeyan, Standing Counsel

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ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed challenging the order passed

in OA.No.740/2014 dated 28.05.2025 on the file of the Debt Recovery

Tribunal, Madurai.

2.The petitioner is only a subsequent purchaser. The mortgage

in favour of the respondent/Bank was created in the year 2006. The petitioner purchased the property only in the year 2008 and, therefore, his rights are always subject to the rights of the mortgagee respondent/Bank. Further, the respondent/Bank had already initiated proceedings before the Debt Recovery Tribunal, Madurai, and the Tribunal awarded a sum of Rs.13,40,331/- together with interest at the rate of 14.75% per annum.

Challenging the same, the present writ petition has been filed.

3.At the outset, we are of the view that this writ petition is not

maintainable as the petitioner is having appeal remedy before the Debt Recovery Appellate Tribunal under Section 20 of the Recovery of Debts and Bankruptcy (RDB) Act, 1993. Hence, we do not find any merits in

this writ petition.

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4.At this juncture, the learned counsel appearing for the

petitioner would submit that the petitioner is ready to settle the amount, provided some concession is granted by the respondent/Bank, and seeks

permission to approach the respondent/Bank for an amicable settlement.

5.Such view of the matter, if the petitioner approaches the

respondent/Bank for settlement of the entire dues, since the proceedings are only at the award stage, the respondent/Bank may consider granting some concession to the petitioner and bring a quietus to the matter, without driving the parties to further proceedings. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous

petitions are closed.

[N.S.K., J.] & [M.J.R., J.]

01.04.2026 Index :Yes/No

Internet :Yes GNS

To

The Debt Recovery Tribunal, Madurai.

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N.SATHISH KUMAR , J .

AND M.JOTHIRAMAN, J.

GNS

W.P.(MD)No.8014 of 2026

01.04.2026

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