M/S.Agate Exchange(India)P.Ltd v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.12589 of 2005 and M.P.Nos.13785 & 13786 of 2005 M/s.Agate Exchange (India) Pvt., Ltd., Rep by its Authorized Signatory, Mr.Chandrasekaran, No.12, Ponneri High Road, Elanthancherry, Andarkuppam Check Post, Manali New Town, Chennai - 103. ... Petitioner Vs.

1.The Presiding Officer, Debt Recovery Tribunal - I, 6th Floor, Spencer Plaza, Chennai - 02.

2.Industrial Development Bank of India, No.115, Anna Salai, P.B.No.805, Saidapet, Chennai - 600015.

3.M/s.L.S.P.Agro Limited, No.12, Ponnari High Road, Elanthancherry, Andarkuppam Post, Manali New Town, Chennai - 600103.

4.B.S.Kirishnan 5.B.S.Chandrasekar 6.B.S.Selvakumar 7.B.S.Mohan Kumar 8.B.S.Arunachalam 9.B.S.Kumaresan 10.B.S.Muralidharan 11.Lakshmi Vilas Bank Ltd., Salem Town Branch, No.62 & 63, Bazaar Street, Salem - 636001.

12.The Karnataka Bank Ltd., Salem Branch,

Divya Towers, Fort Main Road, Salem - 636001.

13.M/s.Agate Finance Ltd., No.46, (Old No.4), Ramakrishdsnan Street, T.Nagar, Chennai - 17.

14.T.Kamalakanna ... Respondents PRAYER :

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed in I.A.No.206 of 2004 in O.A.No.78 of 2002 dated 25.01.2005, quash the same and direct the 1st respondent to decide the said application after impleading the petitioner as party to the proceedings.

For Petitioner : Mr.L.Poovendra Perumal for M/s.Sai Bharath For Respondents : No appearance 2 to 14 Respondents NOI : Tribunal

ORDER

This Writ Petition has been filed challenging the order passed in I.A.No.206 of 2004 in O.A.No.78 of 2002 dated 25.01.2005, quash the same and direct the 1st respondent to decide the said application after impleading the petitioner as party to the proceedings.

2. Learned counsel appearing for the petitioner would submit that the relief sought for in this writ petition has become infructuous as nothing survives in this writ petition to be adjudicated upon further. He has also made an endorsement to that effect.

3. Considering the submission and endorsement made by the learned counsel appearing for the petitioner, nothing survives in this writ petition for further adjudication. Accordingly, the Writ Petition stands dismissed as infructuous. No costs. Connected miscellaneous petitions are closed. -sdAssistant Registrar (CS) //True copy// Sub Assistant Registrar

To 1.The Presiding Officer, Debt Recovery Tribunal - I, 6th Floor, Spencer Plaza, Chennai - 02.

W.P.No.12589 of 2005 NRJK(CO) RRI 21/12/2020