Extracted from the PDF above. The PDF is authoritative.
W.P.No.36246 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.09.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.36246 of 2025 and W.M.P.Nos.40512 and 40517 of 2025 Radhakrishnan S/o.Kanagarathinam Door No.19 D/65, Main Veethi, Thirumuruganpoondi, Tiruppur - 641 652. Petitioner Vs Karur Vysya Bank Asset Recovery Branch Rep. by its Branch Manager/ Authorised Officer Door No.1498-C, KVB Towers, 3rd Floor, Avinashi Road, Peelamedu, Coimbatore-641 004. Respondent PRAYER
: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the respondent relating to the E-Auction Notice dated 29.08.2025 and to quash the same. ______________ p. 2 W.P.No.36246 of 2025 For Petitioner: Mr.G.Lokeshwaran
ORDER (Order of the Court was made by the Hon'ble Chief Justice) The petitioner is challenging the postponement of sale directly before the writ court on the submission that though measures taken under Section 13(4) of the SARFAESI Act could be challenged before the Debts Recovery Tribunal, the postponement of the auction sale cannot be said to be a measure taken under Section 13(4) of the Act.
2. The expression “measures taken” not only includes issuance of sale notice, but also all actions, including postponement of auction sale, which are in furtherance of sale of the secured asset towards realization of loan.
3. We find no reason to give unduly restricted meaning to the expression “measures taken” as used in Section 13(4) of the Act.
4. The petition is misconceived and, accordingly, dismissed ______________ p. 3 W.P.No.36246 of 2025 with liberty to approach the Debts Recovery Tribunal. There shall be no order as to costs. Consequently, interim applications stand closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
24.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: The Branch Manager/ Authorised Officer Karur Vysya Bank Asset Recovery Branch Door No.1498-C, KVB Towers, 3rd Floor, Avinashi Road, Peelamedu, Coimbatore-641 004 ______________ p. 4 W.P.No.36246 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi)
W.P.No.36246 of 2025
24.09.2025 ______________