R.SIVAKUMAR Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order, passed by the first respondent in Cr.M.P.NO.716 of 2020, dated 28.07.2021 and quash the same and consequently direct the second respondent not to take any further action based on the impugned order.

(2.) The petitioner has challenged the order passed under Section 14 of the SARFAESI Act by the Chief Judicial Magistrate Madurai, in this writ petition. When the petitioner has got an alternate remedy available to him under Section 17 of the SARFAESI Act, the petitioner without exhausting the same, for filing the above writ petition, the Honourable Supreme Court in the following judgments held that the writ petition filed by the aggrieved party challenging the proceedings initiated under the SARFAESI Act, is not maintainable.

(3.) In Authorized Officer, State Bank of Travancore and another Vs. Mathew K.C., reported in (2018) 3 SCC 85, wherein the Hon'ble Supreme Court held as follows:-