A.PONNUSAMY Vs. AUTHORISED OFFICER AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 31.08.2021 made in Crl.M.P.No.4287 of 2021 on the file of the Chief Judicial Magistrate, Kanyakumari District and to quash the same and consequently, directing the Debts Recovery Tribunal, Madurai to dispose of S.A.No.385 of 2020 within a time frame.

(2.) The petitioner, who is the guarantor of the loan transaction, has filed the above Writ Petition directly under Article 226 of the Constitution without exhausting the appeal remedy available to him under Section 17 of the SARFAESI Act.

(3.) The Honourable Supreme Court of India 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:-