M/S.Sree Vadivambigai Textiles v. Tamilnad Mercantile Bank Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27-03-2015

CORAM

THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No.31654 of 2014 and M.P.Nos.1 and 2 of 2014

1. M/s.Sree Vadivambigai Textiles Mills Limited Represented by its Managing Director R.Subramanian having office at Sakkanthi, Sivagangai 623 560

2. R.Subramanian

3. N.Alamelu .. Petitioners vs

1. Tamilnadu Mercantile Bank Ltd., Represented by its Authorized Officer No.51, East Avani Moola Street Madurai 625 001

2. AL.S.Alagappa Chettiar

3. Sree Vadivambigai Ginning Industries (P) Ltd., Sree Vadivambigai Textile Mill premises Sakkanthi, Sivaganga

4. Sree Vadivambigai Industrial Chemical (P) Ltd., Sree Vadivambigai Textile Mill premises Sakkanthi, Sivaganga.

5. The Debt Recovery Tribunal, Madurai Kalyani Towers, III & IV Floor 4/162, Madurai-Melur High Road Uthangudi, Madurai 625 107.

6. The Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Circle Office 55, Ethiraj Salai, Chennai.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records of the sixth respondent in relation to the impugned order dated 18.11.2014, in I.A.No.711 of 2014 in A.I.R. No.349 of 2014 and quashing the same.

For Petitioners : Mr.T.V.Ramanujam Senior Counsel for Mr.Manoj Sreevalsan For Respondents : Mr.AR.L.Sundaresan Senior Counsel for Mr.V.Chandrasekaran for R1 Mr.V.Ezhilan for RR3 & 4 No appearance for R2

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) The learned Counsel for the petitioners seeks permission to withdraw the writ petition with liberty to file a review before the Debts Recovery Tribunal (DRT).

He has made the following endorsement.

"The petitioner may be permitted to withdraw above writ petition and appeal before DRAT."

2.Permission is granted and the writ petition stands dismissed as withdrawn with liberty afore-stated. If the review application is filed within a period of one week from the date of receipt of a copy of this order, the question of limitation shall not be considered by the DRT without prejudice to the rights and contentions of the parties. No costs. Consequently, connected miscellaneous petitions are also dismissed.

nsv s/d- Assistant Registrar(CS-III) Dt:6/4/2015 True Copy Sub-Assistant Registrar

To:

1. The Authorized Officer Tamilnadu Mercantile Bank Ltd., Represented by its Authorized Officer No.51, East Avani Moola Street Madurai 625 001

2. The Presiding Officer Debt Recovery Tribunal, Madurai Kalyani Towers, III & IV Floor 4/162, Madurai-Melur High Road Uthangudi, Madurai 625 107.

3. The Presiding Officer Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Circle Office 55, Ethiraj Salai, Chennai.

+ 1 cc to Mr.V.Chandrasekaran, Advocate SR 17763 + 2 ccs to Mr.P.Sidharthan, Advocatge sR 17355 bky(co) prk6/4 W.P.No.31654 of 2014