1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.3929 of 2011 and M.P.No.1 of 2011 A.S.K.Ashraf Ali : Petitioner Vs. 1.The Chief Manager/Authorized Officer, Indian Bank, Circle Office, Jenny Plaza, II Floor, No.5E, Bharathiar Salai, Cantonment, Trichy 620 001. 2.The Branch Manager, Indian Bank, No.69, Sengavarayanpettai Street, Pallapatti – P 146, Aravakurichi, Karur District. 3.V.M.Rasikali 4.V.M.Bahudathali : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned sale document executed by the first respondent dated 29.09.2008 under Document No.2994 and registered the same before the Sub Registrar Office, Aravakurichi in favour of respondents 3 and 4 and quash the same and consequently direct the respondents 1 and 2 herein to re-convey the property, the subject matter covered in the impugned sale deed 29.09.2008 to the petitioner. For Petitioner : Mr.A.Saravanan O R D E R ********** [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed challenging the order dated 29.09.2008, which is termed as a sale deed. 2. Relying on Rule 9(2) of the Security Interest (Enforcement) Rules, 2002, [hereinafter referred to as "the Rules"], it is the stand of the learned counsel for the petitioner that under the Rule, no sale shall be confirmed, if the amount offered by way of sale price is less than the reserve price, specified under sub-rule (5) of Rule 9. According to the learned counsel for the petitioner, the sale amount is lower than that of the reserve price, consequently, this Writ Petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. We are not inclined to entertain this Writ Petition, for the reason that the sale deed is of the year 2008. Even according to the learned counsel for the petitioner, in this regard, already S.A.No.710 of 2008 is pending on the file of the Debts Recovery Appellate Tribunal, Chennai. Apart from the above, under the Rules, there is an alternative remedy of appeal available to the petitioner. The said fact is also not disputed by the learned counsel for the petitioner. Under such circumstances, we find no merit in the Writ Petition. Therefore, the Writ Petition is disposed of granting liberty to the petitioner to approach the appropriate forum. No costs. Consequently, connected Miscellaneous Petition is closed. sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To 1. The Chief Manager/Authorized Officer, Indian Bank, Circle Office, Jenny Plaza, II Floor, No.5E, Bharathiar Salai, Cantonment, Trichy 620 001. 2. The Branch Manager, Indian Bank, No.69, Sengavarayanpettai Street, Pallapatti – P 146, Aravakurichi, Karur District. ORDER MADE IN W.P.(MD).No.3929 of 2011 01.04.2011 NB RJ/9.6.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/