Saroja Ammal v. The Debt Recovery Tribunal-Iii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2016

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. No. 1393 of 2016 Saroja Ammal Petitioner vs.

1 The Debt Recovery Tribunal-III Chennai.

2 Indian Overseas Bank Thanjavur Main Branch Rep. by its Chief Manager No.1604 South Main Road Thanjavur-613 004.

3 M/s.Sri Sayee Associates A Partnership firm Rep. by its Partners D. Murugesan and Mrs.S.Saroja No.3/2A Periyar Nagar 4th Street Medical College Road Thanjavur.

4 Murugesan S/o.Dharmarajan Rajaji Road No.25/10 Srinivasapuram Thanjavur.

5 M/s.Sri Sayee Associates Rep. by its Proprietor D.Murugesan No.19 Rajaji Road Srinivasapuram Thanjavur.

6 D.Vimala Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st respondent to dispose of S.A.No.103 & 336/2014 filed by the 3rd and 4th respondent on the file of 1st respondent to be adjudicated along with O.A.No. 374/2014 filed by the 2nd respondent pending before the 1st respondent. For petitioner :Mr.D. Rajagopal https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) By this writ petition filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner seeks a direction to the Debts Recovery TribunalIII, Chennai (for short "the Tribunal") to consider and dispose of S.A.No. 103 & 336 of 2014 along with the O.A.No. 374 of 2014 filed by the second respondent.

2.

When the disputes are pending consideration before the Tribunal, it is for the Tribunal to examine the common features in the pending petitions and take a decision independently as to whether the interest of justice would be sub-served when all the petitions are heard and ordered together or otherwise. 3.

In such view of the matter, we are not inclined to make any observation on the issue. However, if an application is made by the petitioner before the Tribunal, it is open to the Tribunal to consider the same judiciously and take a decision accordingly.

4.

This writ petition is disposed of accordingly. Consequently, WMP. No. 1166 of 2016 is closed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1 The Debt Recovery Tribunal-III Chennai.

2 Indian Overseas Bank Thanjavur Main Branch Rep. by its Chief Manager No.1604 South Main Road Thanjavur- 613 004.

+ 1 cc to Mr.D. Rajagopal, Advocate sr.3438 W.P. No.1393 of 2016 PUR(CO) EU 08.02.16 https://hcservices.ecourts.gov.in/hcservices/