M/S.Thillaikkarasi And Co v. M/S. Asrec (India) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.6802 of 2022 M/s.Thillaikkarasi & Co.

Represented by its Managing Partner P.Mani Gounder, No.39, Chinna Muthu 3rd Street, Ediyankattu Valasu, Erode-638 011.

.. Petitioner Vs.

1. M/s.ASREC (INDIA) LIMITED, Room No.3, 3rd Floor, Wellington Estate, 53, Ethiraj Salai, Egmore, Chennai-600 008, represented by its Authorized Officer.

2. The Karur Vysya Bank Ltd., Overseas Branch, Tiruppur.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the Debt Recovery Tribunal at Coimbatore to dispose the Application MIA No.149/2021 in R.P.No.207/2008 in DRC.No.206/2008 in T.A.No.138/2002, filed by the first respondent for the purpose of return of original documents pertaining to the petitioner's auction property within time frame fixed by this Court and in turn to direct the respondents to hand over said documents as expeditiously possible. For petitioner : Mr.Paramasivadoss for M/s.S.Senthil

ORDER

(The Order of the Court was made by The Honourable Chief Justice) Heard on the Writ Petition.

2. The Writ Petition has been filed to seek a direction to the Debts Recovery Tribunal, Coimbatore to dispose of the https://hcservices.ecourts.gov.in/hcservices/

application in M.A.No.149 of 2021 in R.P.No.207 of 2008 in DRC.No.206 of 2008 in T.A.No.138 of 2022 (O.A.No.2402 of 2001), expeditiously, as the application is filed by the Bank to issue direction to the borrower to furnish title documents. The application is pending consideration for the last one year, though the auction took place earlier to the satisfaction of the law and consideration and issuance of the sale certificate in favour of the petitioner-Company.

3. In view of the above, this Writ Petition is disposed of, with a direction to the Debts Recovery Tribunal, Coimbatore to expedite the hearing of the above application which would be, in any case, not beyond the period of three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar cs To 1.The Presiding Authority, Debts Recovery Tribunal, Coimbatore.

2.The Authorized Officer, M/s.ASREC (INDIA) LIMITED, Room No.3, 3rd Floor, Wellington Estate, 53, Ethiraj Salai, Egmore, Chennai-600 008, +1cc to Mr.Senthil, Advocate SR.No.20038 W.P.No.6802 of 2022 MG(CO) GN(01/04/2022) https://hcservices.ecourts.gov.in/hcservices/