K.Dhanasekar v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.4003 of 2022 1 K.Dhanasekar 2 Karthika Kalisamy .. Petitioners Vs 1 The Authorized Officer State Bank of India Asset Recovery Branch 377/1, Dr.Nanjappa Road Behind N.S. Palaniappa Nurshing Home Coimbatore - 641 018.

2 The Presiding Officer Debts Recovery Tribunal at Coimbatore.

3 S. Kalpana Partner of M/s. B.S. Innovations No.2, Mettupalayam Extn 3rd Street Ramaiah Colony Tiruppur - 641 602.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 2nd Respondent to dispose the S.A. No.553 of 2019 filed by 3rd Respondent on the file of 2nd Respondent within a stipulated time.

For the Petitioners : Mr.Sivakumar for Mr.G.Rajesh https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed by the petitioners to seek a direction on the Debts Recovery Tribunal, Coimbatore to hear and decide S.A.No.553 of 2019 pending on its file within a time frame.

2. The petitioners are auction-purchasers of the property. The sale has been challenged, as stated by learned counsel for the petitioners. However, learned counsel for the petitioners is unable to give reason of urgency in disposal of S.A.No.553 of 2019 by the Debts Recovery Tribunal, Coimbatore.

A direction on the Tribunals to hear and decide the matter is to be avoided unless urgency is shown. The Tribunals would otherwise decide the matters expeditiously.

3. Thus, finding no ground for allowing the prayer, the writ petition is dismissed. No costs. Consequently, W.M.P.No.4142 of 2022 is closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar bbr To:

1 The Authorized Officer State Bank of India Asset Recovery Branch 377/1, Dr.Nanjappa Road Behind N.S. Palaniappa Nurshing Home Coimbatore - 641 018.

2 The Registrar Debts Recovery Tribunal at Coimbatore.

W.P.No.4003 of 2022 RSI(CO) A.SK(08/03/2022) https://hcservices.ecourts.gov.in/hcservices/