M/S.DIGITAL ACCELERATOR LIMITED v. THE RECOVERY OFFICER
WP/34241/2025 · 2025-09-11
G Arul Murugan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 100291 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100291 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.34241 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.09.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.34241 of 2025 and W.M.P.No.38388 of 2025 Digital Accelerator Limited (formerly Marg Realities Limited), Rep. by its Authorized Signatory R.B. Srinivasan, 57/2B, Sai Subodhaya Apartments, East Coast Road, Thiruvanmiyur, Chennai-600 041. Petitioner Vs 1.The Recovery Officer Debts Recovery Tribunal III, 6th Floor, Additional Office Building, Shastribhavan, Haddows Road, Nungambakkam, Chennai-600 006. 2.ICICI Bank Limited Rep. by its Chief Manager, No.1, Cenatoph Road, Teynampet, Chennai-600 018. Respondents ______________ https://www.mhc.tn.gov.in/judis
W.P.No.34241 of 2025 PRAYER
: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the order passed by the 1st respondent in the form of e-auction Sale Notice dated 06.08.2025 fixing the auction sale on 15.09.2025 and quash the same and consequently direct the 1st respondent to verify the claim of the 2nd respondent by taking into account of all the payments, including the Garnishee payments, while proceeding in its recovery actions in T.R.C.No.50/2022 after granting sufficient time to the petitioner to cross verify the same before taking any coercive steps. For Petitioner: Mr.V.Chandrasekaran for Mr.S.Vignesh For Respondents: R1-Tribunal
ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenge to the measures taken by the bank towards recovery of debt by issuance of an e-auction sale notice dated 6.8.2025 is based on various grounds.
2. Without commenting upon the merits of those grounds, we are of the view that no exceptional case is made out before this court, so as to entertain this petition without insisting on exhaustion of the effective and efficacious alternative remedy of approaching the Debts Recovery Tribunal. ______________ https://www.mhc.tn.gov.in/judis
W.P.No.34241 of 2025
3. All the objections which are being raised here may be raised by the petitioner before the Debts Recovery Tribunal, if so advised. With liberty as aforesaid, the writ petition is dismissed. There shall be no order as to costs. Consequently, interim application stands closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
11.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1.The Recovery Officer Debts Recovery Tribunal III, 6th Floor, Additional Office Building, Shastribhavan, Haddows Road, Nungambakkam, Chennai-600 006. 2.The Chief Manager, ICICI Bank Limited No.1, Cenatoph Road, Teynampet, Chennai-600 018. ______________ https://www.mhc.tn.gov.in/judis
W.P.No.34241 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi)
W.P.No.34241 of 2025
11.09.2025 ______________ https://www.mhc.tn.gov.in/judis