Madras High CourtWP/2466/2021disposed of

M/S.Malliah Tea Factory Pvt Ltd v. The District Collector

2021-02-05Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.2466 of 2021

1. M/s. Malliah Tea Factory Pvt. Ltd.

rep. by its Managing Director Sheelavathy Ramu No.9, Highfield Cottage Coonur 643 101 The Nilfiris.

2. Sheelavathy Ramu

3. Praveen Dileep ...

Petitioners Vs.

1. The District Collector Udagamandalam Coonur

2. The Deputy General Manager Coimbatore Regional Office No.540, D.B.Road, First Floor R.S.Puram Coimbatore 641 002.

3. The Authorised Officer No.278, 1st Floor, YMCA Corner Mount Road, Coonur -2 ...

Respondents Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents invoking the special original jurisdiction under Article 226 of the Constitution of India to consider the representation dated 29.06.2020 to the second and third respondent and to forbear the first respondent from proceeding with the proceedings under reference No.B3/13104/2019 dated 09.11.2020 for taking physical possession of the mortgaged asset namely Malliah Tea Factory

Pvt. Ltd. at Bengalmattam Post, Ooty Taluk 643 204, in terms of 14(1) of the SARFAESI Act.

For Petitioner : Mr.S.Kalyanaraman

ORDER

(Made by the Hon'ble Chief Justice) The petitioner has obtained credit facilities from the respondent bank and seeks to stall the repayment of the dues on the ruse of the pandamic. The petitioner claims that there is a covid package which has been announced by the Government which would be applicable to it.

2. If there is any package which applies to the petitioner, there is no doubt that the respondent bank can take the same into consideration. No mandamus can lie in respect of commercial loans extended by banks to any private party. W.P.No.2466 of 2021 is disposed of with the above observation. There will be no order as to costs. Consequently, WMP No.2779 of 2021 is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kpl To 1.The District Collector, Udagamandalam, Coonur,

2. The Deputy General Manager, Coimbatore Regional Office, No.540, D.B.Road, First Floor, R.S.Puram, Coimbatore 641 002.

3. The Authorised Officer, No.278, 1st Floor, YMCA Corner, Mount Road, Coonur -2, +1cc to Mr.S.Kalyanaraman, Advocate Sr.6450 W.P.No.2466 of 2021 um[co] srg 19/02/2021