M/S.Kanderi Fruitpack Pvt. Ltd v. The Authorised Officer /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE:09-06-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.16229 of 2015 1 M/s.Kanderi Fruitpack Pvt. Ltd Rep. by its Managing Director Mr. Madan Mohan Kanderi.

2 Madan Mohan Kanderi 3 Kavitha Kanderi W/o.Madan Mohan Kanderi All at Flat F-1 AGP Sivaniyam W-811 Syndicate Bank Colony 9th Street , Anna Nagar, West Extension Chennai-101.

Petitioners Vs 1 The Authorised Officer / Assistant General Manager Bank of Baroda International Business Branch 45 Moore Street 4th Floor Chennai-1.

2 The Registrar Debts Recovery Tribunal II 4th Floor , Spencer Towers 770 A , Anna Salai, Chennai-2.

3 Mr. D.V.Rao 4 Mrs. Shanthi Kiran Both No.3 & 4 in 3rd Floor Rider House 136 ,Sector 44, Gurgaon-122002.

5 Mr. E.Om Prakash Flat 38 Quarts Quarters, W 372 East Main Road Anna Nagar West Extn.

Chennai-101.

6 M/s.Dandamudi Anaani Pvt. Ltd.

6-3-668/10/5 Durga Nagar Colony Punjagutta Hyderabad-500082.

7 M/s. KFPL Drums Pvt. Ltd.

Flat F-1 AGP Sivaniyam W-811 Syndicate Bank Colony Anna Nagar West Extension Chennai Respondents (Resp. 3-7 are pro-forma parties and given up). Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records pertaining to the Impugned notice dated 14.5.2015 issued by the 1st respondent quash the same as illegal arbitary and against principles of natural justice and consequently forbear the 1st respondent or his men or agents or assigns or legal representatives or anyone claiming under him from in any manner invoking any measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 against the petitioners until the I.A.No.51/2015 in O.A.No.68/2013 pending on the file of the 2nd respondent reaches its finality For petitioner ::

Mr. R. Nagasundaram

ORDER

(Order of the Court is made by SATISH K. AGNIHOTRI,J.) The petitioners seek permission to withdraw this petition with liberty to take recourse to appropriate forum with a direction to consider the application of the petitioners expeditiously. An endorsement to this effect has also been made as under: "Petitioners may be permitted to withdraw the Writ Petition with liberty to avail appropriate remedy and expeditious hearing for orders."

2.

We, accordingly, dismiss the petition as withdrawn, reserving liberty to the petitioners to take recourse to the appropriate statutory forum. If an application is made before the concerned Tribunal/ authority, the Tribunal/authority is directed to consider the same on merit and in accordance with law and pass orders, expeditiously. No costs. The connected M.P.No.1 of 2015 is also dismissed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar glp To 1 The Registrar Debts Recovery Tribunal II 4th Floor , Spencer Towers 770 A , Anna Salai, Chennai-2.

2. The Authorised Officer / Assistant General Manager Bank of Baroda International Business Branch 45 Moore Street 4th Floor Chennai-1.

1 cc to Mr.R. Nagasundaram , Advocate Sr.No.27640 W.P.No.16229 of 2015 ku(co) pmk.19.6.2015