1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.11808 of 2011 and M.P.(MD).Nos. 1 & 2 of 2011 D.Visuvasam ... Petitioner -Vs- 1. The Deputy General Manager Canara Bank Head Office 112, J.C.Road Bangalore - 560 002 2. The Assistant General Manager Circle Office St. Mary's Campus East Veli Street Madurai -1 3. The Branch Manager Canara Bank S.M.E. Branch Opp. Nataraj Theatre Vasantha Nagar Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records in auction tender dated 17.09.2011 (Dinamalar dated 18.09.2011) passed by the third respondent and quash the same. *** For Petitioner : Mrs.V.Jeyarani O R D E R The Writ Petition challenges an auction sale notice issued by the respondent. 2. Heard Mrs.V.Jeyarani, learned counsel for the petitioner. 3. What has challenged in the Writ Petition is an auction sale notice issued by the Authorised Officer of the Canara Bank in https://hcservices.ecourts.gov.in/hcservices/ 2 exercise of powers conferred upon him under Section 13(4) of the SARFAESI Act 2002 read with Rules 8 and 9 of Securities and Interests Rules 2002. As against the said notice, the petitioner should only file an appeal before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act 2002. The Debts Recovery Tribunal is entitled to consider the request of the petitioner for grant of time to make payment of the whole amount in order to save his property. Even if the Debts Recovery Tribunal does not pay heed to the request of the petitioner, the petitioner has an other remedy of filing an appeal before the Debts Recovery Appellate Tribunal and thereafter to come up before this Court. 4. In such circumstances, the remedies available to the petitioner under the SARFAESI Act themselves being effective alternative remedies, the Writ Petition cannot be entertained. Therefore, leaving it open to the petitioner to approach the Debts Recovery Tribunal, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1. The Deputy General Manager Canara Bank Head Office 112, J.C.Road Bangalore - 560 002 2. The Assistant General Manager Circle Office St. Mary's Campus East Veli Street Madurai -1 3. The Branch Manager Canara Bank S.M.E. Branch Opp. Nataraj Theatre Vasantha Nagar Madurai +1cc to Mr.V.Jeyarani, Advocate, Sr.No. 35560 vsg ssk/12.10.2011 /5c -2p/- W.P.(MD).No.11808 of 2011 and M.P.(MD).Nos. 1 & 2 of 2011 13.10.2011 https://hcservices.ecourts.gov.in/hcservices/