M/S.Coastal Conductors And Industries Pvt Ltd v. Debt Recovery Tribunal

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.6724 of 2016 ORDER: (per SK,J) This writ petition was filed assailing the notice dated 18.02.2016 issued to the petitioners by the Advocate Commissioner appointed pursuant to the order dated 22.01.2016 passed by the learned Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.Nos.3789 and 3790 of 2015. However, the petitioners conceded that they already approached the Debts Recovery Tribunal, Hyderabad, by filing S.A.No.825 of 2014 and also filed I.A.No.5090 of 2014 therein for interim relief. Their grievance in the present writ petition was that there was no presiding officer for the Tribunal and therefore, the statutory remedy made available to them was rendered ineffective.

It was on this ground that they justified their approach to this Court by way of the present writ petition. It is now stated by Sri V.Raghu, learned standing counsel for the second respondent-Andhra Bank, that the Debts Recovery Tribunal, Hyderabad, presently has a presiding officer and is functioning normally. That being so, there is no reason why this writ petition should be entertained.

The writ petition is accordingly dismissed leaving it open to the petitioners to pursue the statutory remedy already availed by them in accordance with law.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR _____________________________ JUSTI CE GUDI SEVA SHYAM PRASAD Date:13.06.2017 GJ