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2025 DAILYLAW 199053 (MAD)

M/s. Sri Laxmi Timbers Pvt. Ltd. v. UNION BANK OF INDIA

WP/49350/2025 · 2025-12-17

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.49350 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.49350 of 2025 and W.M.P.Nos.55120, 55121 and 55123 of 2025 1.Sri Laxmi Timbers Pvt. Ltd Rep. by its Managing Director, Dinesh N Patel No.42/2, East Coast Road (100 Feet Road), Near R.T.O, Mudaliarpet, Puducherry-605004. 2.Sri Kailash Traders Pvt Ltd, Rep. by its Managing Director Narashia M Patel, 42/2, East Coast (100 Feet) Road, Near RTO office, Mudaliarpet, Pondicherry-605 004. 3.Sri Laxmi Saw Mill, Partnership firm rep. by its Partner Narashia M Patel 42, East Coast Road, 100 ft Road, Mudaliarpet, Pondicherry -605004. 4.SSB Industries, Rep. by its Prop. J. Aruna, R.S No.49/1P, Olandaikeerapalayam Village., Marapalam Square, Puducherry-605004. ______________ https://www.mhc.tn.gov.in/judis W.P.No.49350 of 2025 5.Maruthi Traders Rep. by its Prop. Prakash N Patel, R.S.No.42/2, East Coast (100 Feet) Road, Near R.T. Office, Mudaliarpet, Puduchery-605 004. 6.Sri Krishna Timbers Rep. by its Prop. Dinesh N Patel, RS.No.49/1, East Coast 100 Feet Road, Mudaliarpet, Puducherry-605004. 7.Amman Industries, Rep. by its Prop. N.Jeethendra Patel, No.52/4P, Southern Side, Olandaikeerapalayam, Puducherry-605004. 8.Sri Thirumurugan Agencies Rep. by its Partners Ravji Patel and Kirthi Kumar Patel No. 153, T. V. Salai, Pillaithottam, Puducherry -605011. Also at No.51/2, Cuddalore Main Road, Toll Gate, Puducherry-605007. Petitioners Vs 1.Union Bank of India Asset Recovery Branch, No.168, Lingi Chetty Street, Parrys Corner, Chennai-600001. 2.Sri Shivam Enterprises No.184/1, 4th Cross Thiruppurkumaran Nagar, Near Wiseman School, Mudaliarpet, Puduherry -605004. Respondents ______________ https://www.mhc.tn.gov.in/judis W.P.No.49350 of 2025 PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to quash the letter No.ARB/CHE/Pondy/2025-2026/406, dated 06.10.2025, issued by the 1st respondent cancelling the OTS, as the same is unfair, prejudicial, high-handed, and violative of the principles of natural justice and further issue a consequential direction to the Bank to issue the One Time Settlement order after duly addressing the various queries raised by the petitioners in their letters dated 22.05.2025, 31.05.2025 and 09.06.2025. For Petitioner(s): Mr.Tanuj Gupta Dr.Anil Sharma for Mr.J.Prince For Respondent: Mr.L.Sriram for M/s.Chennai Law Firm for respondent No.1 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenge to cancellation of One-time Settlement offer, followed by measures taken under Section 13(4) of the SARFAESI Act, 2002, is made on several grounds. 2. When it is not a case of absence of jurisdiction or violation ______________ https://www.mhc.tn.gov.in/judis W.P.No.49350 of 2025 of principles of natural justice, we are not inclined to entertain this petition, as the petitioners have an alternative and efficacious remedy of approaching the Debts Recovery Tribunal. Writ petition is dismissed with liberty to approach the Debts Recovery Tribunal. There shall be no order as to costs. WMP No.55120 of 2025 filed by the petitioners to join together and file a single writ petition is allowed in as much separate court fee has been paid. Other interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 17.12.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: Union Bank of India Asset Recovery Branch, No.168, Lingi Chetty Street, Parrys Corner, Chennai -600001. ______________ https://www.mhc.tn.gov.in/judis W.P.No.49350 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) W.P.No.49350 of 2025 17.12.2025 ______________ https://www.mhc.tn.gov.in/judis