Uma Maheswari v. India Bulls Housing Finance Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.72 of 2019 Uma Maheswari ... Petitioner Vs 1.M/s.India Bulls Housing Finance Ltd., Rep. by its Authorized Officer, Mr.R.Inbasekaran, No.20, Anex Chambers 1st Floor, Sri Thyagaraya Road, Chennai 600 017.

2.C.Venkatesh Chandrasekar 3.V.Vijayalakshmi 4.M/s.E.Soft Tex Pvt Ltd., Rep. by its Managing Director, C.Venkatesh, having its registered office At X-41, Sivanantha Complex, 2nd Avenue, Anna Nagar, Chennai - 600 040.

5.Mohanasundaram 6.John Prabakar 7.The Registrar, Debts Recovery Appellate Tribunal, Chennai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records pertaining to the order dated 13.12.2018 made in AIR No.345 of 2018 and I.A.No.731 of 2018 on the file of the Debts Recovery Tribunal, Chennai and to quash the same and consequently, direct the Debts Recovery Appellate Tribunal, Chennai to grant waiver of the pre-deposit and to take the appeal in AIR No.345 of 2018 on record.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.A.E.Ravichandran For Respondents : Mr.T.Saikrishnan for R1

ORDER

(Order of the Court was made by M.M.SUNDRESH,J) Seeking to issue a writ of certiorarified mandamus and calling for the records pertaining to the order dated 13.12.2018 made in AIR No.345 of 2018 and I.A.No.731 of 2018 on the file of the Debts Recovery Tribunal, Chennai and to quash the same and consequently, direct the Debts Recovery Appellate Tribunal, Chennai to grant waiver of the pre-deposit and to take the appeal in AIR No.345 of 2018 on record, the present writ petition has been filed.

2. The learned counsel appearing for the petitioner submitted that in view of the subsequent development, nothing survives for adjudication insofar as the present lis is concerned.

3. Accordingly, the writ petition is permitted to be withdrawn to challenge the subsequent development, if so advised. However, we make it clear that the petitioner can always take recourse to law, as and when required. To be noted, we have not expressed anything on the merits of the case.

4. Accordingly, the writ petition stands dismissed as withdrawn. No costs. Consequently, connected W.M.P.Nos. 76 and 80 of 2019 are closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar ssm To The Registrar, Debts Recovery Appellate Tribunal, Chennai.

W.P.No.72 of 2019 NRL(CO) GMY(14/07/2020) https://hcservices.ecourts.gov.in/hcservices/