W.P.No.10161 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.03.2025 CORAM : THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No.10161 of 2025 and WMP Nos.11403, 11402 and 11400 of 2025 1. Blue Nation Clothing Co, A Partnership Firm, Rep. by its Partner, Mathiyalagan, No.1184/8C, Ganga Nagar, Boyampalayam, PN Road, Tiruppur - 641602. Also at No.1124/8C Ganga Nagar, Boyampalayam PN Road, Tirupur - 641 602 (rep by its Partners Mathiyalagan S/o.Rajarathinam and Karthik S/o. Rajarathinam) 2. Mathiyalagan 3. Karthik Petitioner(s) Vs ___________ https://www.mhc.tn.gov.in/judis W.P.No.10161 of 2025 1. The Union Of India Rep by its Secretary to Government Ministry Of Finance, Department Of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001. 2. The Reserve Bank Of India Rep by its Director WRMP+4Q9, New Central Office Building, Sahid Bhagatsingh Road, Fort Mumbai, State of Maharashtra - 400001. 3. The Reserve Bank of India, Rep by its Regional Director, Regional Office, Fort Glasis No.16, Rajaji Salai, Chennai - 600 001. 4. Federal Bank, Rep by its Authorized Officer, Vasudevan E M, Deputy Vice President-I, Having Office At LCRD/ Coimbatore Division, 1 st Floor, No.21, Variety Hall Road, ML Lund Complex, Coimbatore - 641 001. 5. A.Aishwarya, (M.S.No.935/2022) Advocate Commissioner, Appointed by the Chief Judicial Magistrate, Tiruppur ___________ https://www.mhc.tn.gov.in/judis W.P.No.10161 of 2025 (through Cr.M.P.No. 7610/2024 dated 09.12.2024 District Court Building, Tiruppur) 6. Lakshmanan 7. Anbarasan 8. Vickram 9. Rosan Respondent(s) PRAYER: Petition under Article 226 seeking issuance of a writ of certiorarified mandamus calling for the entire records relating to the Impugned Order passed in Crl.MP No.7610 of 2024 on the file of the Chief Judicial Magistrate, Tiruppur, dated 09.12.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and quash the same as illegal and consequently forbear the Respondents 4 and 5 from in any manner dispossessing the Petitioners from their hypothecated movable properties (1) Hypothecation of Stock and Book debts of the Partnership firm stored at Tirupur/godown/elsewhere (charged to CC and GECL) (2) hypothecation of Stock of yarn produced under LC at Tirupur/godown/elsewhere (charged to GECL and LC) (3) hypothecation of assets created out of the WCTL at Tirupur/godown/elsewhere (charged to GECL) and mortgaged immovable properties Item No.l Lands in S.F.No.333, New SF No.333/1B, measuring 1.33½ Acres out 6.01 Acres situated in Thottiplayan Village, Tiruppur Taluk, Tiruppur District and Item No.2 Lands in S.F.No.333, New SF No 333/1B1A1, measuring 0.73¾ Acres situated in Thottipalayam Village, Tiruppur Taluk, Tiruppur District. For Petitioner(s): Mr.S.L.Venkatesan For Respondent(s): Ms.A.Anuradha, CGSC for R1 ___________ https://www.mhc.tn.gov.in/judis W.P.No.10161 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Ms.A.Anuradha undertakes to file vakalatnama on behalf of respondent No.1 within one week from today. Undertaking accepted. 2. Mr.Venkatesan sought leave to withdraw the petition with liberty to approach the Debts Recovery Tribunal (DRT). 3. Petition is dismissed as withdrawn with the liberty as prayed for. If the application before the DRT is filed within two weeks, delay, if any, shall be deemed to have been condoned. There shall be no order as to costs. WMP.No.11400 of 2025 filed to permit petitioners to join together and file a single writ petition is allowed, inasmuch as they have paid separate court fee. Other interim applications stand closed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 26.03.2025 Index : Yes/No NC : Yes/No sasi ___________ https://www.mhc.tn.gov.in/judis W.P.No.10161 of 2025 To: 1. The Secretary to Government Union Of India, Ministry Of Finance, Department Of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110001. 2. The Director, Reserve Bank Of India WRMP+4Q9, New Central Office Building, Sahid Bhagatsingh Road, Fort Mumbai, State of Maharashtra - 400001. 3. The Regional Director, Reserve Bank of India, Regional Office, Fort Glasis No.16, Rajaji Salai, Chennai - 600 001. 4. The Authorized Officer, Federal Bank, Deputy Vice President-I, Having Office At LCRD/ Coimbatore Division, 1 st Floor, No.21, Variety Hall Road, ML Lund Complex, Coimbatore - 641 001. 5. A.Aishwarya, (M.S.No.935/2022) Advocate Commissioner, Appointed by the Chief Judicial Magistrate, Tiruppur (through Cr.M.P.No. 7610/2024 dated 09.12.2024 District Court Building, Tiruppur) ___________ https://www.mhc.tn.gov.in/judis W.P.No.10161 of 2025 THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J. (sasi) WP No.10161 of 2025 26.03.2025 ___________ https://www.mhc.tn.gov.in/judis