Bank Of India v. The Hongkong And Shanghai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.17729 of 2016 and C.R.P.No.1626 of 2016 and W.M.P.No.15422 of 2016 in W.P.No.17729 of 2016 W.P.No.17729 of 2016 Bank of India Atchuthapuram Branch, Atchuthapuram 531 011 Visakhapatnam.

.. Petitioner -vs1.The Hongkong and Shanghai Banking Corporation Ltd., Rep. by Vice President.

2.G.R.Enterprises A Proprietory concern.

3.M/s.Venkateshwara Traders 4.G.S.P.Subrahmanyum 5.The Registrar Debts Recovery Appellate Tribunal, Egmore, Chennai 600 008.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records of the impugned order passed by the Debts REcovery Appellate Tribunal, Chennai, dated 30.03.2016 in R.A.No.36 of 2015 (O.A.No.74 of 2011 on the file of Debts Recovery Tribunal II, Chennai) on the file of the 5th Respondent and to quash the said impugned order being grossly illegal untenable in law. C.R.P.No.1626 of 2016 The Hongkong and Shanghai Banking Corporation Ltd., Chennai.

.. Petitioner

-vs1.Bank of India Atchuthapuram Branch, 10-68, Mosayyapet, Atchuthapuram Visakhapatnam 531 011.

2.G.R.Enterprises A Proprietory concern of Mr.G.R.Mohan.

3.M/s.Venkateshwara Traders 4.G.S.P.Subramanyum .. Respondents Petition filed under Article 227 of the Constitution of India against the order dated 30.03.2016 made in R.A.No.36 of 2015 on the file of Debts Recovery Appellate Tribuna, at Chennai and order deposit of 75% of the principal determined in OA.No.74/2011 on the file of Debts Recovery Tribunal-II, Chennai. For Petitioner in WP. and for R-1 in CRP :

Ms.M.Deepthadevi For Respondents for R-1 in WP and Petitioner in CRP.

:

Mr.Srinath Sridevan for R-5 in WP.

:

Court for RR 2 to 4 in CRP :

Not ready in notice * * * * *

O R D E R

Learned counsel for the petitioner in W.P.No.17729 of 2016 and learned counsel for the petitioner in C.R.P.No.1626 of 2016 state that both the matters have become infructuous. In view of the statement made, the writ petition and the C.R.P. are dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar

sra To The Registrar Debts Recovery Appellate Tribunal, Egmore, Chennai 600 008.

+1 CC to Mr.S.Vasudevan, Advocate sr 79482.

W.P.No.17729 of 2016 and C.R.P.(NPD) No.1626 of 2016 BS(CO) SP(05/12/2018)