Madras High Court
WP(MD)/29867/2026 of K.Kannan Vs The Shri Ram Finance Ltd on 15 October 2026
WP(MD) No. 29867 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29867 of 2026
CNR:{HCMD011493302026}
K.Kannan,
Sugadev Street,
Palanichettipatti,
Theni Taluk,
Theni District.
..Petitioner(s)
Vs
The Shri Ram Finance Ltd,
(Formely Shriram City Union Finance Ltd), Represented by its Regional/Authorized Officer, Having its Registered Office at Sri Towers, No. 14A, South Phase, Industrial Estate, Gundy, Chennai - 600 032.Chennai
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus direction directing the respondent to keep in abeyance of all further physical possession proceeding pursuant to the impugned order dated 29.09.2026 in Crl.MP.No. 2656 of 2026 Chief Judicial Magistrate, Theni relating to the loan agreement account no. BLGD1TF 1808300004 over the dwelling house site property in Ayan S.No.36/2A, Sugadev Street, New ward No.
12, Palanichettipatti, Veerapandi Village Udkadai, Theni District and grant period of 4 weeks to petitioner to approach the debts Recover Tribunal (DRT), Madurai U/s. 17 of SARFAESI Act, 2002 to seek
WP(MD) No. 29867 of 2026
appropriate statutory remedy.
For Petitioner(s):
M/s K.Dinesh
For Respondent(s):
Mr.Ananth C.Rajesh
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the petitioner and the learned standing counsel for the respondent bank.
2. The respondent has obtained an order under Section 14 of the SARFAESI Act from the Chief Judicial Magistrate, Theni. The order was passed on 29.09.2026. The petitioner has 45 days time limit to approach the jurisdictional DRT. Vide order dated 08.10.2026 in W.P. (MD)No.29066 of 2026, we had held that an order under Section 14 of the Act cannot be enforced for a period of 45 days if the borrower indicates that he intends to move the DRT. The petitioner's counsel states that the petitioner intends to file an application under Section 17 of the SARFAESI Act. The respondent therefore cannot enforce the order till 14.11.2026. The rights of the authorities will abide by the order to be passed by the DRT. If the petitioner fails to obtain any interim relief, the respondent is at liberty to go ahead.
WP(MD) No. 29867 of 2026
3. The Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To The Shri Ram Finance Ltd, (Formely Shriram City Union Finance Ltd), Represented by its Regional/Authorized Officer, Having its Registered Office at Sri Towers, No. 14A, South Phase, Industrial Estate, Gundy, Chennai - 600 032.Chennai
WP(MD) No. 29867 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 29867 of 2026 15-10-2026