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Madras High Court

Digital Accelerator Limited vs The Recovery Officer on 11 September, 2025

                                                                                             W.P.No.34241 of 2025

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:          11.09.2025

                                                            CORAM :

                                  THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
                                                   CHIEF JUSTICE
                                                        AND
                                      THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                                W.P.No.34241 of 2025
                                             and W.M.P.No.38388 of 2025

                     Digital Accelerator Limited
                     (formerly Marg Realities Limited),
                     Rep. by its Authorized Signatory
                     R.B. Srinivasan,
                     57/2B, Sai Subodhaya Apartments,
                     East Coast Road, Thiruvanmiyur,
                     Chennai-600 041.

                                                                                        Petitioner
                                                                 Vs

                     1.The Recovery Officer
                       Debts Recovery Tribunal III,
                       6th Floor,
                       Additional Office Building,
                       Shastribhavan, Haddows Road,
                       Nungambakkam,
                       Chennai-600 006.

                     2.ICICI Bank Limited
                       Rep. by its Chief Manager,
                       No.1, Cenatoph Road,
                       Teynampet, Chennai-600 018.

                                                                                        Respondents

                     ______________
                     Page 1 of 4




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 12/09/2025 03:21:46 pm )
                                                                                           W.P.No.34241 of 2025



                     PRAYER: Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a writ of certiorarified mandamus calling for the
                     records relating to the order passed by the 1st respondent in the form
                     of e-auction Sale Notice dated 06.08.2025 fixing the auction sale on
                     15.09.2025 and quash the same and consequently direct the 1st
                     respondent to verify the claim of the 2nd respondent by taking into
                     account of all the payments, including the Garnishee payments, while
                     proceeding in its recovery actions in T.R.C.No.50/2022 after granting
                     sufficient time to the petitioner to cross verify the same before taking
                     any coercive steps.

                             For Petitioner:                  Mr.V.Chandrasekaran
                                                              for Mr.S.Vignesh

                            For Respondents:                  R1-Tribunal


                                                           ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the measures taken by the bank towards recovery of debt by issuance of an e-auction sale notice dated 6.8.2025 is based on various grounds.

2. Without commenting upon the merits of those grounds, we are of the view that no exceptional case is made out before this court, so as to entertain this petition without insisting on exhaustion of the effective and efficacious alternative remedy of approaching the Debts Recovery Tribunal.

______________ Page 2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 03:21:46 pm ) W.P.No.34241 of 2025

3. All the objections which are being raised here may be raised by the petitioner before the Debts Recovery Tribunal, if so advised.

With liberty as aforesaid, the writ petition is dismissed. There shall be no order as to costs. Consequently, interim application stands closed.





                        (MANINDRA MOHAN SHRIVASTAVA, CJ)     (G.ARUL MURUGAN,J)
                                                     11.09.2025
                     Index            : Yes/No
                     Neutral Citation : Yes/No
                     sasi

                     To:
                     1.The Recovery Officer

Debts Recovery Tribunal III, 6th Floor, Additional Office Building, Shastribhavan, Haddows Road, Nungambakkam, Chennai-600 006.

2.The Chief Manager, ICICI Bank Limited No.1, Cenatoph Road, Teynampet, Chennai-600 018.

______________ Page 3 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 03:21:46 pm ) W.P.No.34241 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) W.P.No.34241 of 2025 11.09.2025 ______________ Page 4 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 03:21:46 pm )