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Madras High CourtWP/6527/2024disposed of

N.Ramachandran v. The Presiding Officer,

2024-03-13Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.7256 of 2024 N.Ramachandran .. Petitioner Vs 1.The Presiding Officer Debts Recovery Tribunal-III Chennai.

2.M/s.City Union Bank Ltd Represented by its Authorised Officer Credit Recovery and Management Department, Administrative Office No.3, Dass India Tower, 2nd Floor 24-B, Gandhi Nagar, Kumbakonam-612 001.

3.Vinoth Sankaran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 1st respondent Presiding Officer, Debts Recovery Tribunal-III at Chennai to pass orders / dispose of the application No.S.A.(Diary No).827/2021 on merits in law and facts within a time frame.

For the Petitioner : Mr.K.S.Narayanan

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.S.Narayanan, learned counsel for the petitioner.

2. The writ petition has been filed seeking a direction to the Debts Recovery Tribunal-III (DRT) at Chennai to decide the petitioner's SARFAESI application in S.A(Diary No) 827 of 2021. It is submitted that since 2021, the application filed by the petitioner challenging the auction sale is pending.

3.From the proceedings, it appears that there were many objections and the application was returned back to the petitioner. Today also, in the writ petition only diary number is given. We are not aware whether all the objections have been rectified.

4. Be that as it may, if the application of the petitioner is in order, then the concerned DRT shall decide the application on its own merits expeditiously. All the contentions on the merits of the application are kept open.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected W.M.P.No.7256 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 13.03.2024 Index :

Yes/No :

Yes/No kst To 1.The Presiding Officer Debts Recovery Tribunal-III Chennai.

2.M/s.City Union Bank Ltd Represented by its Authorised Officer Credit Recovery and Management Department, Administrative Office No.3, Dass India Tower, 2nd Floor 24-B, Gandhi Nagar, Kumbakonam-612 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(kst) 13.03.2024