S. PANDIYAKUMARI Vs. LAKSHMI VILAS BANK

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, forbearing the respondents from taking forcible possession of item Nos. 1, 2 and 3 of secured properties more fully described in Cr.M.P. No. 325 of 2020 on the file of the Chief Judicial Magistrate, Madurai, without following due process of law and consequently directing the Chief Judicial Magistrate, Madurai to consider the objections of the petitioner in accordance with law.

(2.) Mr. SI. Muthiah, learned counsel appearing for the first respondent submitted that the Chief Judicial Magistrate, Madurai, had already passed an order in Cr.M.P. No. 325 of 2020 on 30.07.2021 and that the petitioner without challenging the same has filed the above Writ Petition for a Mandamus.

(3.) It is settled position that if a borrower or a guarantor is aggrieved over the order passed under the provisions of the SARFEASI Act, the remedy open to the petitioner is only to file an appeal under Sec. 17 of the SARFEASI Act before the Debts Recovery Tribunal. The petitioner, without challenging the order passed by the Chief Judicial Magistrate, Madurai, has filed the present Writ Petition to forbear the respondents from taking possession of the properties.