← Library
Madras High CourtWP/7013/2022dismissed

Rajeswari v. The Presiding Officer

2022-03-28Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7013 of 2022 Rajeswari .. Petitioner Vs

1. The Presiding Officer, Hon'ble Debts Recovery Tribunal, Coimbatore.

2. M/s.Bank of India, Saibaba Colony Branch, S.R. Complex, No.181, Raja Annamalai Road, Saibaba Colony Branch, Coimbatore - 641 011.

3. Bharathi

4. Anuradha Palanisamy

5. The Chief Judicial Magistrate, Coimbatore District, District Court Campus, Coimbatore - 641 018.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records pertaining to the impugned order passed by the first respondent made in I.A.No.3456 of 2021 in S.A.No.813 of 2021 vide order dated 15.12.2021 and quash the same as illegal and consequently permitted the petitioner to redeem her property situated in S.F.No.574, Veerapandi Village, Coimbatore North Taluk, Periyanaickenpalayam, Coimbatore District within the stipulated time fixed by this Court.

For the Petitioner : Mr.M.Dinesh https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) A challenge to the order of the Debts Recovery Tribunal, Coimbatore dated 15.12.2021 in I.A.No.3456 of 2021 in S.A.No.813 of 2021 has been made despite availability of the appeal remedy and no exception for it has been given by the petitioner.

2. Accordingly, the writ petition for challenge to the impugned order is dismissed with liberty to avail of the appeal remedy before the Debt Recovery Appellate Tribunal. There will be no order as to costs. Consequently, W.M.P.Nos.7048 and 7050 of 2022 are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To

1. The Presiding Officer, Debts Recovery Tribunal, Coimbatore.

2. M/s.Bank of India, Saibaba Colony Branch, S.R. Complex, No.181, Raja Annamalai Road, Saibaba Colony Branch, Coimbatore - 641 011.

3. The Chief Judicial Magistrate, Coimbatore District, District Court Campus, Coimbatore - 641 018.

+1cc to the Government Pleader, S.R.No.21097 W.P.No.7013 of 2022 MG(CO) CT 01/04/2022 https://hcservices.ecourts.gov.in/hcservices/