The Branch Manager v. Karthikeyan Traders,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.A.Nos.1303 and 1317 of 2022 W.A.No.1303 of 2022:
The Branch Manager Canara Bank, Karaikadu Branch Cuddalore, Cuddalore District.
.. Appellant Vs 1 Karthikeyan Traders Rep. by S.karthikeyan, S/o.Selvam Erumbur, Bhuvanagiri Taluk Kiliruppu, Cuddalore District - 608 704.
2 Anbarasu Traders Rep. by Anbarasu, S/o.Selvaraj No.22 North Main Road Setthiathope, Cuddalore - 608 702.
3 Ayyappan Traders Rep. by Ayyappan, S/o.Ramalingam No.75 Middle Street, Anaivari, Veeramudaiyanthan Cuddalore District - 608 702.
4 E.BALAJI TRADERS Rep by E.Balaji (Now represented by Guarantor, Anbarasu) Melatheru, Anaivari, Veeramudaiyanatham Cuddalore District- 608 702.
5 C.S.E. TRADERS Rep by S.E. Christopher 37/B Kannan Nagar 2nd Street, Thanjavur Tamil Nadu- 613007.
6 EDISON TRADERS Rep by Edison S/o.Gnanasekaran 398, Melaveli Vethanarayanthethu Manjakollai Post Chidambaram Taluk- 608 601.
7 GOVINDARAJAN TRADERS Rep by V.Govindrajan, S/o.Mr.Venugopal No.103, Nadutheru, Kollappadi Vazhaikkollai Post, Sethiathope Cuddalore District- 608 702.
8 GUNALAN ENTERPRISES Rep by Mr.Gunalan No.210 East ST Chinnanerkunam Bhuvanagiri Taluk, Cuddalore Cuddalore District- 608704.
9 KARTHIKEYAN TRADERS Rep by C.Karthikeyan, S/o. Chandrasekar No.48 West Street, Viruthachalam Taluk Mummudi Chozhakan, Kathazhai Cuddalore- 606 103.
10 MANIKANDAN ENTERPRISES Rep by P.Manikandan S/o. Mr.Palanisamy No.1 North Street Kizapazanjnallur Kattumannar Koil Taluk Cuddalore District - 608 301.
11 PRADESH TRADERS Rep by K.Prabu S/o.Mr.Kasinathan No.57 South Street Anaivari Bhuvanagiri Taluk Cuddalore District - 608 702.
12 SAMPATH ENTERPRISES Rep by T.Sampath S/o. Mr.Thatchinamoorthy No.01 Kaliamman Koil Street Kilankandu Bhuvanagiri Taluk, Cuddalore District-608702 13 SELLADURAI CASHEWS Rep by Mr.Selladurai S/o.Sundaramoorthy No.1 Keelapazhanjanallur Pazhanjanallur Post Cuddalore- 608 301.
14 SENTHILMURUGAN CASHEWS Rep By J.Senthil Murugan S/o. Mr.Jeyaraman No.504 North Street Vandayankuppam Manjakollai Post Chidambaram Taluk-608 601.
15 SOLOMON CASHEWS Rep by Mr.Solomon No.1954 Melakkara Lane Manojiyappa Street, Thanjavur West Thanjavur-613 009.
16 THE SECRETARY TO GOVERNMENT of Agricultural Department, Krishna Bhavan.
Dr.Rajendra Prasad Road, New Delhi.
17 THE DISTRICT COLLECTOR Collectrate, Cuddalore, Cuddalore District.
18 THE GENERAL MANAGER Debt Recovery Department Canara Bank No-170 Nag Construction, Lal Bhagathur Shathri Street .. Respondents W.A.No.1317 of 2022:
The Branch Manager Canara Bank Karaikadu Branch Cuddalore, Cuddalore District.
.. Appellant Vs 1 K.Prabu 2 M. Affrien Banu 3 R. Aravind Kumar 4 R. Aruna 5 R. Dhanalakshmi 6 G.Eazhilarasi 7 G. Edison 8 T. Gnanasundari 9 R. Ayyapan 10 R. Kalaiyarasi 11 S. Karthikeyan 12 Manjula 13 G. Manivanan 14 E. Mahalakshmi 15 R. Panchanathan 16 G. Ramachandran 17 R. Rajesh 18 R. Rajalakshmi 19 R. Ramamoorthy 20 Rajavalli 21 S. Senthilkumar 22 K. Sujatha 23 P. Sumathi 24 R. Sumathi 25 Thamaraiselvan 26 K. Tamilselvan 27 N. Thambidurai 28 G. Veeramani 29 D. Vimala
30 The Secretary to Government Agricultural Department, Krishna Bhavan Dr.Rajendra Prasad Road New Delhi.
31 The District Collector Collectorate Cuddalore Cuddalore District.
32 The General Manager Debt Recovery Department Canara Bank No.170 Nag Construction Lal Bhagathur Shasthri Street .. Respondents Prayer: Appeals under Clause 15 of the Letters Patent against (i) the order dated 14.9.2021 in W.P.No.19215 of 2021; and, (ii) the order dated 17.8.2021 in W.P.No.17100 of 2021. Prayer in WP.No.19215 of 2021:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the third and fourth respondents not to pursue against the petitioners except after claiming the insurance made by them as per the term of MSME loan agreement, by considering their representation dated 30.07.2021.
Prayer in WP.No.17100 of 2021:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 3 & 4 not to pursue against us except after claiming the insurance made by us as per the term of the loan agreement, by considering our representation 06.07.2021. For the Appellant in both the appeals : Mr.K.Anbarasan COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) These writ appeals are filed against (i) the order dated 14.9.2021 in W.P.No.19215 of 2021; and, (ii) the order dated 17.8.2021 in W.P.No.17100 of 2021, wherein following directions have been given in paragraph (4):
Paragraph (4) of the order dated 14.9.2021 in W.P.No.19215 of 2021:
"4. Considering the above facts and circumstances of the case and having regard to the submissions
made by the learned counsel on either side, this Court directs the third and fourth respondents to consider the notice dated 30.07.2021 sent on behalf of the petitioners and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners or their representative. Such an exercise shall be completed by the respondents 3 and 4 within a period of eight weeks from the date of receipt of a copy of this order."
Paragraph (4) of the order dated 17.8.2021 in W.P.No.17100 of 2021:
"4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents 3 & 4 to consider the representations of the petitioners dated 06.07.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order."
2. The order aforesaid cannot be said to be against the writ appellant, rather a direction has been given to consider the notice/representation sent by the writ petitioners/nonappellants on merits and in accordance with law, after affording an opportunity of personal hearing to them. It is not known as to how the writ appellant is aggrieved by the consideration of the notice/ representation sent by the writ petitioners/nonappellants.
3. If original applications have already been preferred and the same are pending before the Debts Recovery Tribunal and if the notice/representation sent by the writ petitioners/nonappellants is to defeat the purpose of the original applications, the appellant may state the aforesaid reason while deciding the notice/representation. The order of the learned Single Judge, therefore, does not warrant interference.
4. At this stage, learned counsel for the writ appellant seeks extension of time by two weeks for consideration of the notice/ representation of the writ petitioners/non-appellants. In view of the above, the writ appeals are dismissed
granting two weeks' time to the writ appellant to comply the directions given by the learned Single Judge in paragraph (4) quoted above. There will be no order as to costs. Consequently, C.M.P.Nos.8254 and 8287 of 2022 are closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sasi To:
1 THE SECRETARY TO GOVERNMENT Agricultural Department, Krishna Bhavan.
Dr.Rajendra Prasad Road, New Delhi.
2 THE DISTRICT COLLECTOR Collectrate, Cuddalore, Cuddalore District.
3 THE GENERAL MANAGER Debt Recovery Department Canara Bank No-170 Nag Construction, Lal Bhagathur Shathri Street +1cc to Mr.K.Anbarasan, Advocate, S.R.No.37277 +1cc to the Government Pleader, S.R.No.37710 W.A.Nos.1303 and 1317 of 2022 GSM(CO) UMA(18/07/2022)