State Bank Of India v. Orix Leasing And Financial Services India Limited
WP/20843/2024 · 2026-07-23
G Arul Murugan
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4961 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4961 (MAD) · dailylaw.ai ]
Judgment text
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WP No.20843 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN WP No.20843 of 2024 State Bank Of India Sri Nagar Colony Branch, Dezu Plaza No 2, South Avenue, Saidapet, Chennai Represented by its Branch Manager Petitioner Vs
1. Orix Leasing And Financial Services India Limited Having its Branch Office at SP-4, SIDCO Thiru Vi Ka, Industrial Estate, Guindy, Chennai-600 032. 2.D Padmanabha Shetty Old Door No 4, New Door No 2, Flat No C-4, Deju Plaza, South Avenue, Sri Nagar Colony, Chennai-600 015 3.M Vinoth Kumar Advocate Commissioner, Egmore Bar Association, Egmore Court, Chennai-600 008. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the third respondent not to evict the petitioner in terms of order dated 21.09.2023 passed in Crl.M.P.No.32187 of 2023 by the CMM Court, Egmore, as it is violative of rule of law and against the principles of natural justice insofar as the petitioner bank is concerned. For Petitioner Mr. M.L.Ganesh (Through Video Conferencing). Page 1 of 4 https://www.mhc.tn.gov.in/judis
WP No.20843 of 2024 For Respondents Mr. S.K.Mariyappan for R1. R2 and R3 - No Appearance. ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition, filed under Article 226 of the Constitution of India, seeks a Writ of Mandamus directing the third respondent not to evict the petitioner in terms of order dated 21.09.2023 passed in Crl.M.P.No.32187 of 2023, by the Chief Metropolitan Magistrate Court, Egmore. 2. Learned counsel for the petitioner submitted that the petitioner/bank has already filed a securitization application before the Debts Recovery Tribunal-II, Chennai, assailing the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which is still pending at the stage of maintainability. 3. The present writ petition is therefore, not maintainable as there is an alternative remedy to challenge the Section 14 order before the Debts Recovery Tribunal, which has already been done. Page 2 of 4 https://www.mhc.tn.gov.in/judis
WP No.20843 of 2024
4. Accordingly, this petition is dismissed. There will be no order as to costs. Consequently, WMP Nos.29539, 29538, 29535 of 2025, 22796 of 2024 are closed. 5.
The petitioner would be at liberty to pursue the securitization application pending for maintainability before the Debts Recovery Tribunal, on its own merits. However, the interim protection granted by this Court vide order dated 23.07.2024 shall continue for a period three weeks from today. It is for the petitioner to get the securitsation application numbered and press for stay before the Debts Recovery Tribunal, in accordance with law. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 23.07.2026 Index : Yes/No Neutral Citation : Yes/No tar https://www.mhc.tn.gov.in/judis
WP No.20843 of 2024 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN
, J.
(tar) WP No.20843 of 2024 23.07.2026 https://www.mhc.tn.gov.in/judis