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Madras High CourtWP/5685/2022dismissed

P.Radhakrishnan v. The Presiding Officer

2022-03-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.3.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.5685 OF 2022 P.Radhakrishnan .. Petitioner Vs.

1. The Presiding Officer The Debts Recovery Tribunal

2. M/s. State Bank of Bikaner and Jaipur Coimbatore Main Branch

3. N.Rajendran

4. G.Bhaskar

5. M/s. Union Bank of India Main Branch 235, Oppanakara Street Coimbatore 641 001.

6. The Recovery Officer Debts Recovery Tribunal .. Respondents Prayer:

Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal in Appeal No.3 of 2009 as per the DRAT order dated 18.6.2019 on merits, within a reasonable time as fixed by this Court.

For Petitioner : Mr.K.S.Karthik Raja

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We have heard the learned counsel appearing for the petitioner.

2. The writ petition has been filed seeking a direction to the first respondent to dispose of the petitioner's appeal bearing Appeal No.3 of 2009.

3. It is no doubt true that the appeal is pending for a long time and is to be given a quietus. The Debts Recovery Tribunal concerned was not functional due to non appointment of the Presiding Officer.

4. Now that the Presiding Officer has been appointed to the first respondent - Debts Recovery Tribunal, the writ petition is disposed of with liberty to the petitioner to make an application before it for early disposal of the pending appeal and if any such application is made, it would be considered by the first respondent, as it is one of the oldest cases to be given priority.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar RS To:

1. The Presiding Officer The Debts Recovery Tribunal

2. M/s. State Bank of Bikaner and Jaipur Coimbatore Main Branch Coimbatore.

3. M/s. Union Bank of India Main Branch 235, Oppanakara Street Coimbatore 641 001.

4. The Recovery Officer Debts Recovery Tribunal W.P.No.5685 of 2022 SPD(CO) PM/18/03/2022