R.Muthusamy v. The Authorised Officer Cum Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Muthusamy ..

Petitioner Vs.

1. The Authorised Officer cum Chief Manager Canara Bank, Trichy Road Branch Coimbatore - 641 018.

2. A.Palanisamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records pertaining to the impugned order dated 11.01.2022 in I.A. No.107 of 2022 in S.A. No.31 of 2022 passed by the Learned Presiding Officer, DRT Coimbatore and quash the same in so far as the condition imposed on the Petitioner to deposit a sum of rupees one crore and Ten Lakhs Rupees.

For the Petitioner : Mr.M.N.Balakrishnan For the Respondents : Mr.A.G.D.Bala Kumar for R1 Mr.C.Prabhakaran for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.N.Balakrishnan, learned counsel for the petitioner, Mr.A.G.d.Bala Kumar, learned counsel for the first respondent and Mr.C.Prabhakaran, learned counsel for the second respondent.

2. The present writ petition is filed against the conditional order passed by the Debts Recovery Tribunal. It appears that the condition is assailed.

3. The matter is now coming up on 01.09.2023 before the Debts Recovery Tribunal. Be that as it may, the petitioner has not abided by the condition, nor there is any interim order passed in the present petition, though it is pending for one and a half years. It would be appropriate for the parties to appear before the Debts Recovery

Tribunal and conduct the Securitization Application on merits.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.2691 & 2694 of 2022 are closed.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 03.08.2023