W.P.No.1043 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.1043 of 2025 and WMP No.1297 of 2025 Thuran Coco Products Rep through its Proprietrix, Kannammal 183, Thuran Fibre Compound, 179/2A, Rangasamuthram, Suleeswaranpatti Post, Pollachi – 642006. Petitioner(s) Vs 1. The Authorized Officer Canara Bank, Pollachi Branch No.66, Thyagaraja Building, New Scheme Road, Mahalingapuram, Pollachi – 642001. 2. The Branch Manager Canara Bank, Pollachi Branch No.66, Thyagaraja Building, New Scheme Road, Mahalingapuram, Pollachi – 642001. ______________ https://www.mhc.tn.gov.in/judis W.P.No.1043 of 2025 3. The Branch Head Export Credit Guarantee Corporation India Limited, Branch Office, Cheran Plaza - 2nd Floor, 1919, Trichy Main Road, Coimbatore – 641018. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the entire records relating to the impugned E-Auction sale notice dated 16.12.2024 issued by the 1st respondent and quash the same as illegal and unconstitutional, consequently direct respondents 1 and 2 to formulate a Revival and Rehabilitation scheme for the petitioner unit as per the MSME - Development Act, 2006 and the circular issued by the RBI. For Petitioner(s): Mr.S.Ravi, Senior Counsel For M/s.S.Indumathi Ravi For Respondent(s): Mrs.S.R.Sumathy for R1 and R2 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Though number of grounds have been urged before this court seeking reliefs as prayed for in this petition, including consideration ______________ https://www.mhc.tn.gov.in/judis W.P.No.1043 of 2025 of petitioner's application for restructuring of its loan account under Reserve Bank of India's Circular dated 29.5.2015 and placing reliance upon a judgment of a Division Bench of the Madurai Bench of this Court dated 3.6.2025 in W.P.(MD) No.23328 of 2024, etc. [A.K.Karthikeyan v. The Authorised Officer, Canara Bank and another], we find that the petitioner has already approached the Debts Recovery Tribunal at two stages: firstly, challenging the possession notice and thereafter the sale notice. 2. In the matter of challenge to sale and possession notices, it is always open to the petitioner to rely upon the judgment passed by this court and pray for relief in the pending cases before the Debts Recovery Tribunal. 3. Since the petitioner has already availed remedy before the Debts Recovery Tribunal, without commenting upon the merits, this writ petition is disposed of with liberty to raise all the grounds in the petition before the Debts Recovery Tribunal in the pending cases. We would expect the Debts Recovery Tribunal to first decide this ______________ https://www.mhc.tn.gov.in/judis W.P.No.1043 of 2025 issue before proceeding further. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 05.08.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1. The Authorized Officer Canara Bank, Pollachi Branch No.66, Thyagaraja Building, New Scheme Road, Mahalingapuram, Pollachi – 642001. 2. The Branch Manager Canara Bank, Pollachi Branch No.66, Thyagaraja Building, New Scheme Road, Mahalingapuram, Pollachi – 642001. 3. The Branch Head Export Credit Guarantee Corporation India Limited, Branch Office, Cheran Plaza - 2nd Floor, 1919, Trichy Main Road, Coimbatore – 641018. ______________ https://www.mhc.tn.gov.in/judis W.P.No.1043 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) WP No.1043 of 2025 and WMP No.1297 of 2025 05.08.2025 ______________ https://www.mhc.tn.gov.in/judis