Madras High Court

CRL RC/957/2026 of M/s.AKS Embroidery Pvt.Ltd Vs M/s.City Union Bank Ltd on 21 September 2026

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Crl.RC.No.957 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

Crl.RC.No.957 of 2026

and

Crl.MP.No.7537 of 2026

CNR: {HCMA010798742026}

1. M/s. AKS Embroidery Pvt. Ltd,

Rep. by its Managing Director,

Mr.L.Jaganahthan,

No.49/13, Glory Complex 1st Floor,

Ayyan Nagar Extension,

Mangalam Road, Tiruppur.

2. L.Jaganthan

3. Sudha

..Petitioner(s)

Vs.

M/s. City Union Bank Ltd.,

Tiruppur Branch,

Represented by its Authorised Officer,

Mr.Ganesh,

No.24-B, Gandhi Nagar,

Kumbakonam – 612 001.

..Respondent(s)

Prayer: Criminal Revision Case filed under Section 438 r/w. 442 of BNSS, seeking to call for the records and set aside the order dated 25.02.2026 passed in Crl.MP.No.5499 of 2024 by the learned Chief Judicial Magistrate, Tiruppur.

For Petitioner(s)

: Ms.S.Ambika

for Mr.K.Venkateswaran

For Respondent(s)

: Mr.J.Senthil Kumar

Crl.RC.No.957 of 2026

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ORDER

This revision challenges the order dated 25.02.2026 passed by the learned Chief Judicial Magistrate, Tiruppur under Section 14 of the SARFAESI Act, appointing an Advocate Commissioner to take possession of the property against which SARFAESI proceedings have been initiated.

2. Learned counsel for the petitioners would submit that the impugned order under Section 14 of the SARFAESI Act cannot be sustained, as the property in question is an agricultural land, and therefore, invocation of SARFAESI Act is erroneous; that the petitioners have already filed S.A.No.179 of 2017, before the Debt Recovery Tribunal, Coimbatore, challenging the possession notice and auction sale and the same is pending; and that the fourth respondent in Crl.MP.No.5499 of 2024 died on 17.11.2017 and the legal heirs were not impleaded in spite of the same being brought to the notice of the respondent herein. Therefore, the impugned order is liable to be set aside.

3. Per contra, the learned counsel appearing for the respondent would submit that all these questions cannot be decided in a petition under Section 14 of the SARFAESI Act, as the proceedings thereunder are ministerial in nature and that, since there is no stay of the possession notice under Section 34 of the SARFAESI Act issued by the respondent, the impugned order cannot be faulted.

Crl.RC.No.957 of 2026

4. Heard both sides and perused the materials on record.

5. This Court finds that though the petitioners have filed S.A.No.179 of 2017 before the Debt Recovery Tribunal, Coimbatore, the only interim order obtained by the petitioners is that the auction purchaser should not alienate the property and there is no other order injuncting the respondent from initiating any other action.

6. The question as to whether the properties are agricultural properties cannot be gone into in the proceedings under Section 14 of the SARFAESI Act. The fact that the fourth respondent is no more and the legal heirs have not been impleaded also would have no bearing, as the physical possession is sought to be taken pursuant to the notice issued by the respondent under Section13(4) of the SARFAESI Act issued. Therefore, this Court finds no infirmity whatsoever in the impugned order.

7. For the reasons aforesaid, this criminal revision case stands dismissed. Consequently, the connected miscellaneous petition is closed. 21.09.2026 skt Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

Crl.RC.No.957 of 2026

SUNDER MOHAN, J. skt To: The Chief Judicial Magistrate, Tiruppur. Crl.RC.No.957 of 2026 and Crl.MP.No.7537 of 2026 21.09.2026

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