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Madras High CourtWP/32781/2013ordered

Sham Bhatia v. The Debt Recovery

2023-01-20Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P.No.1 of 2013 and W.M.P.No.6060 of 2017 Sham Batia

...Petitioner

Vs 1.The Debt Recovery Appellate Tribunal (DRAT), Represented by its Registrar, 4th Floor, Indian Bank Circle Office, No.55, Ethiraj Salai, Chennai.

2.M/s.Karnataka State Financial Corporation, Represented by its Assistant General Manager, 1/1, Thimmaiha Road, Near Cantonment Railway Station, Bangalore - 560 052.

3.M/s.LAN ESEDA Industries Limited, No.201/202, Babu Khan Estate, 2nd Floor, Basheer Ban, Hyderabad - 500 001.

4.M/s.Sky High Investments Private Limited, No.7/1, Aroundelpet, Guntur - 522 002.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to call for the records of the 1st respondent Debt Recovery Appellate Tribunal (DRAT), Chennai culminating in its impugned order dated 22.10.2013 passed in I.A.No.1389 of 2011 in AIR 865 of 2011 and quash the same.

For Petitioner : Mr.Arun Anbumani.

For Respondents : Mr.Jayesh Dolia for M/s.Aiyar & Dolia for R2.

O R D E R

[Order of the Court was made by R.MAHADEVAN,J,] The prayer made in the Writ Petition is to quash the order of the first respondent / Debt Recovery Appellate Tribunal (DRAT), Chennai dated 22.10.2013 passed in I.A.No.1389 of 2011 in AIR No.865 of 2011. 2.It is represented by the learned counsel for the petitioner that the petitioner is no more and hence seeks liberty to the legal heirs of the petitioner to approach the authorities concerned to proceed further in the

manner known to law.

3.Granting such liberty, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. (R.M.D.,J.) (M.S.Q.,J.) 20.01.2023 ay/nsd Index:Yes / No Speaking Order / Non-speaking Order Copy To The Debt Recovery Appellate Tribunal (DRAT), Represented by its Registrar, 4th Floor, Indian Bank Circle Office, No.55, Ethiraj Salai, Chennai.

R.MAHADEVAN,J.

and MOHAMMED SHAFFIQ,J.

ay and M.P.No.1 of 2013 and W.M.P.No.6060 of 2017

Dated:20.01.2023