Omega Cables Limited v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1937 of 2017 M/s. Omega Cables Limited, Rep. by its Director, Plot Nos. 16 & 17, Ambattur Industrial Estate, Chennai - 600 058.

.. Petitioner Vs.

1. State Bank of India, Rep. by its Assistant General Manager, Industrial Finance Branch, No.155, Anna Salai,

2. East Coast Constructions and Industries Ltd., Rep. by its Directors, Having office at Buhari Buildings, No.4, Moores Road, Chennai - 600 006.

3. Ashraf Abdul Rahman Buhari

4. Muthuswamy Ravi Vaidyanathan

5. Muhamed Mohideen Sheik

6. Ahmed Mustafa Hussain Shahib

7. Fathiha Fairoz

8. Najumunisa

9. Mariyam Sharafia

10. Thaseen Sadak

11. Hameed Ayesha

12. Ameem Sabeen @ Sabrina Sadak

13. Dhaleela Khan

14. Sadhira Fathima

15. Quthubudeen

16. Debt Recovery Tribunal - II 4th Floor, Dewa towers, 770-A, Anna Salai, ..

Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Debt Recovery Tribunal - II, Chennai to take up I.A.No.143 of 2017 filed in I.A.No.637 of 2016 in O.A.No.607 of 2016 in a time bound manner as fixed by this court.

For Petitioner : Mr.R.Parthasarathy

ORDER

This Civil Revision Petition has been filed seeking a direction to the Debt Recovery Tribunal - II, Chennai to take up I.A.No.143 of 2017 filed in I.A.No.637 of 2016 in O.A.No.607 of 2016 in a time bound manner as fixed by this court.

2. The 1st respondent filed the suit against the respondents 2 to 15 for recovery of money. The 1st respondent filed I.A.No.637 of 2016 for injunction restraining the petitioner from dealing with his property. The petitioner filed I.A.No.143 of 2017 to dismiss the I.A.No.637 of 2016. In the said application, the 1st respondent

filed counter in the month of March 2017. From that date onwards, the said application is kept pending without any progress. In the circumstances, the petitioner has come out with the present civil revision petition, for early disposal of the I.A.No.143 of 2017.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. Having regard to the submissions made by the learned counsel on either side, considering the limited prayer sought for in the civil revision petition and since the suit is pending from the year 2016, without expressing any opinion with regard to the merits of the matter, I direct the learned Debt Recovery Tribunal - II, Chennai to dispose of the I.A.No.143 of 2017, on merits and in accordance with law, as expeditiously as possible, in any event, not later than two months from the date of receipt of a copy of this order.

5. The Civil Revision Petition is disposed of with the above direction. No costs.

21.06.2017

Speaking Order/Non-speaking Order Index :Yes/No av / ssd V.M.VELUMANI, J.

av/ssd To

1. State Bank of India, Rep. by its Assistant General Manager, Industrial Finance Branch, No.155, Anna Salai,

2. East Coast Constructions and Industries Ltd., Rep. by its Directors, Having office at Buhari Buildings, No.4, Moores Road, Chennai - 600 006.

3. The Debt Recovery Tribunal - II, Chennai C.R.P.(PD)No.1937 of 2017

21.06.2017 http://www.judis.nic.in