Madras High CourtWP/2383/2021disposed of

The Authorized Officer v. The Registrar

2021-02-05Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy2 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.2383 OF 2021 The Authorised Officer State Bank of India Stressed Assets Management Branch No.1112, 1st Floor, Raja Plaza Avinashi Road Coimbatore 641 037.

... Petitioner Vs.

1. The Registrar DRT Coimbatore.

2. M/s.Summer India Textile Mills (P) Ltd.

rep. by its Liquidator C.V.Madhusudhanan No.47C, Kumaresapuram East Muniappan Koil Street Tiruchengode, Namakkal District.

... Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to dispose of TSA No.519 of 2019 filed under Section 17 of SARFAESI Act by the second respondent and TA No.113 of 2019 filed under Section 19 of Recovery of Debts and Bankruptcy Act by the petitioner bank within a time frame as fixed by this Court.

For Petitioner : Mr.M.L.Ganesh

ORDER

(Made by the Hon'ble Chief Justice) The petitioner seeks a direction on the relevant Debts Recovery Tribunal to expeditiously dispose of the matter.

2. Though the petitioner refers to a statute that indicates the time within which proceedings under Section 17 of the https://hcservices.ecourts.gov.in/hcservices/

Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 should be disposed of, on the practical side, it must not be lost sight of that adequate number of Benches or Tribunals are not set up to ensure due compliance with the statutory requirement.

3. However, since the matter has been pending for more than three years, albeit before the present Tribunal only for a year after its transfer, the relevant Debts Recovery Tribunal is requested to ensure that the matter is taken up at its earliest convenience and without undue delay, keeping in mind the statutory provision and the business of the relevant Tribunal. W.P.No.2383 of 2021 is disposed of, without any order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kpl To The Registrar, Debts Recovery Tribunal Coimbatore.

W.P.No.2383 of 2021 AD(CO) CS/18/02/2021 https://hcservices.ecourts.gov.in/hcservices/