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
______________
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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.
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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 )