M/S.Sri Balaji New Modern v. The Tamilnadu Indl. Investment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA Writ Petition Nos.625 of 2013 and 14143/2013 and M.P.Nos.1 and 1 of 2013 M/s.Sri Balaji New Modern Rice Mill rep. by M.Selvakumar, S/o.K.Murugesan, No.68/2, Kanaganandhal Village, Thirukoilur Taluk, Villupuram District.

... Petitioner in both W.Ps.

Vs The Tamil Nadu Industrial Investment Corporation Limited rep. by its Branch Manager, Villupuram Branch, 23 A, Ranganathan Road (Hotel Woodlands Complex), 1st Floor, Chennai-Trichy Trunk Road, Villupuram-605 602.

... Respondent in both W.Ps.

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records made in TIIC/VPM/LAO/2012-13 dated 31.12.2012 and TIIC/VPM/LAO/2013-14 dated 08.05.2013 on the file of the respondent herein and quash the same. For Petitioner : Mr.T.Dhanya Kumar in both W.Ps.

For Respondent : Mr.I.Sathish, in both W.Ps. Standing Counsel C O M M O N O R D E R These Writ Petitions have been filed questioning the correctness of the impugned orders in TIIC/VPM/LAO/2012-13 dated 31.12.2012 and TIIC/VPM/LAO/2013-14 dated 08.05.2013 respectively issued by the Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, Villupuram Branch, Villupuram, thereby calling upon the petitioner to pay the loan amount failing which the respondent would be constrained to take possession of the properties of the petitioner given as primary security.

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2. A perusal of the impugned order in W.P.No.625 of 2013 shows that a Cheque for Rs.1,00,000/- dated 05.11.2012 issued in the name of the respondent was dishonoured and the petitioner has also not remitted another sum of Rs.1,00,000/- during the month of December, 2012. Hence, the respondent has quantified a sum of Rs.55,53,936/- calculating interest as on 31.12.2012.

Subsequently, in the order impugned in W.P.No.14143/2013, the respondent has quantified the total outstanding loan amount as on 08.05.2013 including the interest up to 30.04.2013 at Rs.58,73,752.30/-.

3. When the matters were taken up for hearing, the learned Counsel for the petitioner submitted that in spite of repeated letters sent to the petitioner Rice Mill, he is unable to receive any response. Therefore, according to the learned Counsel for the petitioner, when he is unable to get any instructions, he cannot prosecute the matters.

4. Recording the submission of the learned Counsel for the petitioner, these Writ Petitions are dismissed for no instructions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar tsi To The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, Villupuram Branch, 23 A, Ranganathan Road (Hotel Woodlands Complex), 1st Floor, Chennai-Trichy Trunk Road, Villupuram-605 602.

+2cc to Mr.I.Sathish, Advocate SR.87803,87801 W.P.Nos.625 & 14143/2013 SJ(CO) CB(03/12/2019) https://hcservices.ecourts.gov.in/hcservices/