Manimala v. M/S.Union Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023 CORAM :

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI 1.Manimala 2.S.Sudarmani .. Petitioners Vs 1.M/s.Union Bank of India, (Ertstwhile Corporation Bank) rep. by its Authorised Officer S.F.No.143-145, Kakapalayam Main Road, Naduvaneri Post, Naduvaneri Branch, Sankagiri Taluk, Salem-637 504.

2.D.Pavithra .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned order dated 25.11.2022 made in S.A. Diary No.1348/2022 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same and consequently direct the Debts

Recovery Tribunal, Coimbatore to restore the S.A. Diary No.1348/2022 on record, take on file and proceed the S.A. on merits. For the Petitioners : Mrs.D.Kamachi

ORDER

(Order of the court was made by S.Vaidyanathan, J.) W.M.P.No.12535 of 2023 filed to permit the petitioners to file the writ petition jointly is allowed.

2. Learned counsel appearing for the petitioner sought permission of this Court to withdraw the writ petition with liberty to file an appeal before the Debt Recovery Appellate Tribunal. She has also made an endorsement to that effect.

3. Recording the submission made by learned counsel for the petitioner, the writ petition is dismissed as withdrawn with liberty to file an appeal before the Debt Recovery Appellate Tribunal within 30 days from the date on which a copy of this order is made ready.

There will be no order as to costs. Consequently, W.M.P.No.12536 of 2023 is closed.

(S.V.N., J.) (R.K.M., J.) 26.04.2023 Index :

Yes/No Yes/No bbr Note:

The Registry is directed to return the original impugned order to learned counsel for the petitioner under due acknowledgment, after substituting it with a copy thereof.

To:

The Authorised Officer, M/s.Union Bank of India, (Ertstwhile Corporation Bank) S.F.No.143-145, Kakapalayam Main Road, Naduvaneri Post, Naduvaneri Branch, Sankagiri Taluk, Salem-637 504.

S.VAIDYANATHAN, J.

AND R.KALAIMATHI, J.

bbr W.P.No .12737 of 2023 26.04.2023