N.Shanmugam v. Idbi Bank Limtied,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.6407 of 2025 N.Shanmugam .. Petitioner vs 1.IDBI Bank Limited, Having its Office at No.86, S.V.Patel Salai, Puducherry-605 001.

2.The Authorized Officer, IDBI Bank Limited, Having its Office at No.86, S.V.Patel Salai, Puducherry-605 001.

3.The Recovery Officer, Nungambakkam, Chennai-600 008.

4.The Registrar, Nungambakkam, Chennai-600 008.

.. Respondents Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the third respondent in DRC No.1 of 2020 in OA No.271 of 2017 on the file of the DRT-III, Chennai quash the order dated 26.5.2023 as prejudicial arbitrary and illegal.

For Petitioner : Ms.Ananda Gomathy Murugesan For Respondents : Mr.V.Suresh for M/s.Shivakumar & Suresh for respondent Nos.1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) According to petitioner, the Recovery Officer has not correctly calculated the amount payable by petitioner to respondent No.1. There are some allegations made against respondent No.1 as well as the Recovery Officer.

2. Shri Suresh, who undertakes to file vakalatnama on behalf of respondent Nos.1 and 2, states that it is a case of reconciliation and the bank will certainly sit with the Recovery Officer to calculate and reconcile the account. Shri Suresh states reconciliation will be done for both the Debt Recovery Certificates.

3. In view of this statement made by Shri Suresh, we dispose of the petition with the following directions:

(a) The Recovery Officer (respondent No.3) shall call for a preliminary meeting within two weeks from today to ascertain the documents required for reconciliation. (b) Petitioner and respondent No.1 shall thereafter provide all necessary documents to the Recovery Officer and the Recovery Officer shall complete the process of reconciliation for both the Debt Recovery Certificates on or before 30th April, 2025.

(c) All rights and contentions are kept open.

There shall be no order as to costs. Consequently, interim application stands closed.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 19.03.2025 Index :

Yes/No NC :

Yes/No bbr To 1.IDBI Bank Limited, Having its Office at No.86, S.V.Patel Salai, Puducherry-605 001.

2.The Authorized Officer, IDBI Bank Limited, Having its Office at No.86, S.V.Patel Salai, Puducherry-605 001.

3.The Recovery Officer, Nungambakkam, Chennai-600 008.

4.The Registrar, Nungambakkam, Chennai-600 008.

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.

bbr 19.03.2025