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Madras High CourtWP/21217/2016disposed of

M/S.Bank Of India, v. The Presiding Officer,

2024-11-07Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.21217 of 2016 M/s. Bank of India Porur Branch No.69/1, Kunrathur Road Madanandapuram Porur, Chennai 600 116 Rep. by its Sr. Manager.

..

Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal 3, Chennai 5th Floor, Dewa Towers 770A, Anna Salai Chennai.

2. TR Saravanan ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records of the 1 st respondent in his proceedings leading to passing of the Order dated

03.02.2016 & 14.03.2016 in O.A.No.462 of 2015, quash the same and direct the respondent to issue DRC based on Lok Adalat award. For Petitioner :

Mr.S.Sathiyanarayanan For Respondents :

R1 - Tribunal R2 - Tapal returned - No such person

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, counsel for petitioner stated that some time be given to serve second respondent by substituted service in the proceedings pending before the Debts Recovery Tribunal III.

2. Counsel for petitioner states that he will apply to Debts Recovery Tribunal - III by tomorrow for assigning a returnable date. The Registrar of Debts Recovery Tribunal - III shall, within three working days, assign a returnable date. Within one week thereafter, petitioner shall issue notice in one English newspaper, i.e. New Indian Express (Chennai edition) and in one Tamil newspaper, i.e. Makkal Kural (Chennai edition)and file an

affidavit of service before the Debts Recovery Tribunal - III.

3. Petition is disposed of. We have expressed no opinion on the merits of the case. There shall be no order as to costs. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 07.11.2024 Index :

Yes/No :

Yes/No kpl To The Registrar Debts Recovery Tribunal III 5th Floor, Dewa Towers 770A, Anna Salai Chennai.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) W.P.No.21217 of 2016 07.11.2024