Sathiyamoorthi.U v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sathiyamoorthi U ..

Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal III Chennai 6th Floor, Additional Office Buildings Shastri Bhavan, Haddows Road Chennai 600 006.

2. The Authorised Officer Canara Bank Mylapore Branch 27/28, 1st Floor, Dowlani Towers R.K.Salai, Mylapore Chennai 600 004.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records relating to the order passed in S.I.A.No.1071 of 2023 and S.I.A.No.1072 of 2023 in S.A.No.400 of 2023 on the file of the Debts

Recovery Tribunal III, Chennai dated 01.09.2023, quash the same and consequently, direct the P.O. of the Debts Recovery Tribunal III Chennai to hear and dispose the S.I.A.No.1071 of 2023 and S.I.A.No.1072 of 2023 in S.A.No.400 of 2023 after providing due opportunity of hearing.

For the Petitioner : Ms.V.Archana For the Respondents : Mr.M.A.Abdul Wahab For M/s.K.V.Subramanian Associates for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.V.Archana, learned counsel for the petitioner and Mr.M.A.Abdul Wahab, learned counsel for the second respondent.

2. Learned counsel for the petitioner submits that the petitioner could not deposit the amount as directed by this Court under order dated 23.01.2024.

3. Learned counsel for the petitioner further submits that the respondent bank did not proceed further with the sale auction.

4. Be that as it may, the proceedings are pending with the Debts Recovery Tribunal. It is for the petitioner to proceed with the application filed by him before the appropriate forum.

5. The writ petition is dismissed. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 23.02.2024 Index :

Yes/No :

Yes/No kpl To

1. The Presiding Officer Debts Recovery Tribunal III Chennai 6th Floor, Additional Office Buildings Shastri Bhavan, Haddows Road Chennai 600 006.

2. The Authorised Officer Canara Bank, Mylapore Branch 27/28, 1st Floor, Dowlani Towers R.K.Salai, Mylapore Chennai 600 004.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 23.02.2024