Extracted from the PDF above. The PDF is authoritative.
W.P.No.33712 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.09.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.33712 of 2025 and WMP Nos.37824 and 37826 of 2025
1. Sinduja Exports TF-109, Anna Fruit Wholesale Market, Koyambedu, Chennai-600 107, Rep. by Proprietor, M.V. Sesha Rao S/o. Venkateswaralu
2. Sinduja and Company TF-109, Anna Fruit Wholesale Market, Koyambedu, Chennai-600 107, Rep. by Proprietrix, Amereswari W/o. M.V.Sesha Rao
3. Sinduja Enterprises TF-109, Anna Fruit Wholesale Market, Koyambedu, Chennai-600 107, Rep. by Partner, M.V. Sesha Rao S/o. Venkateswaralu Petitioner(s) Vs ______________ https://www.mhc.tn.gov.in/judis
W.P.No.33712 of 2025
1. UCO Bank Asset Management Branch, No.328 Thambu Chetty Street, Parrys, Chennai-600 001, Rep. by Authorized Officer
2. K.Babu S/o.Krishnamurthy, 3/162, Ottieswarar Koil Street, Ottiambakkam, Sithalakapakkam, Tambaram, Chennai-600 126.
3. B.Surya Baskar S/o. B. Ch Murthy, A-103, Ramaniam Chaitanya Flats, No.1, Madha Koil Street, Nerkundram, Chennai-600 107.
4. B. Aruna W/o.BVS Nagaraj, 1/413, Saraswathi Block, Ratnam Enclave, Kamatchi Nagar, Mugalivakkam, Chennai-600 125. Respondent(s) PRAYER
: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the impugned order dated 12.08.2025 in TSA No.474 of 2023 passed by the Debts Recovery Tribunal-III, Chennai, and quash the same. For Petitioner(s): Mr.Pranav Gopalakrishnan For Respondent(s): Mr.Ganesh P.S. for R1 ______________ https://www.mhc.tn.gov.in/judis
W.P.No.33712 of 2025
ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard.
2. Though number of grounds have been urged to assail the correctness and validity of the order passed by the Debts Recovery Tribunal, on the face of availability of remedy of statutory appeal as provided under Section 18 of the SARFAESI Act, we are not inclined to entertain this petition only on that ground, particularly when the challenge to the order is not on any of the exceptional grounds as stated by the Supreme Court in the case of Whirlpool Corporation v. Registrar of Trade Marks, (1998) 8 SCC 1.
3. Writ petition is dismissed. However, the period during which this petition remained pending before the court shall be excluded for the purpose of computing period of limitation.
4. There shall be no order as to costs. WMP No.37824 of 2025 filed by the petitioners to join together and file a single writ petition ______________ https://www.mhc.tn.gov.in/judis
W.P.No.33712 of 2025 is allowed, as separate court fee has been filed. The other interim application stands closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
03.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi To:
1. The Authorized Officer, UCO Bank Asset Management Branch, No.328 Thambu Chetty Street, Parrys, Chennai-600 001. ______________ https://www.mhc.tn.gov.in/judis
W.P.No.33712 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi)
WP No.33712 of 2025 and WMP Nos.37824 and 37826 of 2025
03.09.2025 ______________ https://www.mhc.tn.gov.in/judis