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Madras High CourtCRP/612/2022dismissed

Arif Ahmed Meddaikar v. The Authorised Officer

2022-03-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P.No.612 of 2022 and C.M.P.No.3172 of 2022 Arif Ahmed Meddaikar .. Petitioner / Applicant vs The Authorised Officer, M/s.Bank of Baroda Corporate Banking Branch-I, No.168, Mount Road, Opp to Spencer Plaza, Chennai 600 002.

.. Respondent / Respondent Prayer: Petition filed under Article 227 of the Constitution of India seeking to set aside the order dated 30.04.2021 passed in S.A.No.423 of 2019 on the file of Debts Recovery Tribunal-II, Chennai.

For the Petitioner :

Mr.N.Nanda Kumar For the Respondents :

Mr.S.Mohan for Mr.S.Pandurangan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The Civil Revision Petition has been filed immediately after maintaining an appeal before the Debt Recovery Appellate https://hcservices.ecourts.gov.in/hcservices/

Tribunal against the order of Debts Recovery Tribunal dated 30.04.2021.

2. The appeal before the DRAT was filed on 14.02.2022 and the present Civil Revision Petition has been filed immediately after coming to know of the auction of the property. Two proceedings cannot go simultaneously, yet, this Court was inclined to hear and decide the matter on merit. But, the learned counsel for the petitioner submits that it may be disposed of as they want to argue the appeal on merit.

3. In view of the above, the Civil Revision Petition is dismissed, as the petitioner has already taken the remedy before the Debt Recovery Appellate Tribunal of which now the Presiding Officer has already been appointed and would be functional within a short duration of time. No costs. Consequently, C.M.P.No.3172 of 2022 is closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar sra To:

The Presiding Officer, Debts Recovery Tribunal-II, Chennai.

+1cc to Mr.S.Pandurangan, Advocate, S.R.No.14001 C.R.P.No.612 of 2022 MG[co] NSK 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/