A.N.C.Natarajan v. Asset Reconstruction Company (India)Limited

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 A.N.C.Natarajan ..

Petitioner Vs.

1. Asset Reconstruction Company (India) Limited Rep. by its Authorised Officer 1-G, First Floor, Century Plaza No.560 562, Anna Salai Teynampet, Chennai - 600 018.

2. Nazeeha Tasneem

3. Faizur Rahman

4. N.Beema Rahathnissa

5. N.Shasminaz Nizam ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the order dated 30.11.2021 in S.A.No.41 of 2020 on the file of the Debts Recovery Tribunal-II at Chennai and quash the same.

For the Petitioner : Mr.A.R.Karthiklakshmanan

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.R.Karthiklakshmanan, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that at the time when the writ petition was filed, the Presiding Officer of the Debts Recovery Tribunal was not available. Now, the Presiding Officer is available.

3. In the light of that, we dispose of this writ petition with liberty to the petitioner to avail the alternate remedy. In that event, all contentions of the respective parties are kept open. It is for the petitioner to avail the benefit of Section 14 of the Limitation Act, 1963.

4. There will be no order as to costs. Consequently, W.M.P.Nos.3185 & 3186 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