Asrec (India) Ltd, v. The Debts Recovery
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2016
CORAM
THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.No.1691 of 2016 and W.M.P.Nos.1468 and 1469 of 2016 ASREC (India) Ltd., UTI Tower, GM Block, Bandra Kurla Complex, Bandra East, Mumbai.
(in the place of UCO Bank) ..
Petitioner Vs.
1.The Debts Recovery Appellate Tribunal rep. by its Registrar, IV Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai - 8.
2.S.Md.Siddique 3.S.Fathima Begum 4.S.Syed Abbas 5.S.Mastan Ibrahim 6.M/s.Infa Agro and Marine Exports (P) Ltd., Chennai - 13.
7.Gerald Henry 8.Beena Johny 9.S.Kadar Meeran ..
Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the proceedings in the order dated 07.09.2015 made in I.A.No.747 of 2014 in R.A.No.98 of 2013 on the file of the Debts Recovery Appellate Tribunal, Chennai, the first respondent herein and quash the same.
For Petitioner ..
Mr.A.V.Arun for M/s.J.Senthil Kumar
ORDER
(Order of the Court was made by SATISH K.AGNIHOTRI, J.) Notice to the respondents is dispensed with, at this stage, as no adverse order is passed against them in this writ petition. Thus, with the consent of the learned counsel appearing for the petitioner, the writ petition is taken up for final disposal. 2.Impugning the order dated 07 September 2015 passed by the first respondent, whereby and whereunder, respondents 2 to 5 herein were granted time at their instance, the petitioner/first respondent therein has come up with this writ petition on the ground that extension of time was granted to respondents 2 to 5 herein without considering the fact that they were granted time under the terms of the accepted One Time Settlement dated 21 December 2011.
3.Be that as it may, the impugned order was pronounced on 07 September 2015, extending eight weeks' time with effect from that date. Eight weeks' time came to an end on 06 November 2015. The instant petition is filed after expiry of the extended time. Even otherwise, the issue seems to be open to consideration in the pending appeal. Thus, at this stage, we are not inclined to interfere with the impugned order passed by the first respondent. 4.With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mmi
To The Registrar, Debts Recovery Appellate Tribunal, IV Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai - 8.
1 cc to M/s.J. Senthilkumar, Advocate, Sr. 3995 W.P.No.1691 of 2016 SAI (CO) kk 9/2