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2028 DAILYLAW 5 (MAD)

M.Pandithurai, v. Hinduja Housing Finance Limited,

CRP(MD)/2028/2026 · 2026-07-27

A D Jagadish Chandira, R Poornima

Transfer Petitionbody2028

Judgment text

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CRP(MD)No.2028 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA CRP(MD)No.2028 of 2026 and CMP(MD)No.9718 of 2026 1. M.Pandithurai 2. P.Sumathi ... Petitioners vs. Hinduja Housing Finance Limited, Represented by its Authorized Officer, Mr.S.Prabakaran, Branch Office Address 2/3, GV Hights, 2nd Floor, Theni Main Road, Opp TVS Industries, Madurai - 625 016. ... Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, to allow the Civil Revision Petition by setting aside the order passed in I.A.No. 2779 of 2026 in S.A.No.555 of 2026, on the file of the Debts Recovery Tribunal, Madurai, dated 29.06.2026. For Petitioners : Mr.H.Arumugam Page No.1 of 4 https://www.mhc.tn.gov.in/judis CRP(MD)No.2028 of 2026 O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This revision petition is filed to set aside the order dated 29.06.2026 passed in I.A.No.2779 of 2026 in S.A.No.555 of 2026, on the file of the Debts Recovery Tribunal, Madurai. 2. A perusal of the record shows that the impugned order under challenge is appellable order and therefore there is an effective statutory remedy available under the SARFAESI Act. 3. The Hon'ble Apex Court in the case of United Bank of India v. Satyawati Tondon reported in [(2010)8 SCC 110] has held that when an alternate effective statutory remedy is available the High Court cannot exercise jurisdiction over the same. The same has also been reiterated in the case of PHR Invent Educational Society vs. UCO Bank and others reported in (2024) 6 SCC 579 Page No.2 of 4 https://www.mhc.tn.gov.in/judis CRP(MD)No.2028 of 2026 4. Accordingly, this Civil Revision Petition stands dismissed with liberty to the petitioners to approach Debts Recovery Appellate Tribunal . However it is made clear that the time taken for prosecuting the revision petition before this Court shall be excluded in computing the period of limitation under Section 14 of the Limitation Act. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [R.P., J.] 27.07.2026 Index : Yes / No Neutral Citation : Yes / No bala To: The Presiding Officer, Debts Recovery Tribunal, Madurai. Page No.3 of 4 https://www.mhc.tn.gov.in/judis CRP(MD)No.2028 of 2026 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. bala ORDER MADE IN CRP(MD)No.2028 of 2026 DATED : 27.07.2026 Page No.4 of 4 https://www.mhc.tn.gov.in/judis