M/S.Aran Kitchen World India Pvt Ltd v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.R.P. No.1754 of 2021 1.M/s.Aran Kitchen World India Pvt. Ltd 2.Rajesh Jain Bohra 3.Ashok Jain Bohra 4.M/s.Bohra Kitchen Pvt. Ltd 5.M/s.Bohra Sanitaries Pvt. Ltd Petitioners 1, 2, 4 and 5 at No.105, Chamiers Road, Raja Annamalaipuram, Chennai 600 028.
...Petitioners
Vs.
The Authorized Officer, Union Bank of India, Asset Recovery Branch Elconso Building, No.9, Casa Major Road, Egmore, Chennai 8
...Respondent
Prayer: Petition filed under Article 227 of the Constitution of India to direct the Honble DRT II Chennai to complete the trial proceedings of SA No.159 of 2021 within a stipulated time frame fixed by this Hon'ble Court by allowing this Civil Revision Petition.
For the Petitioners :
Mr.B.Gurumurthy
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioners seek a direction for the expeditious disposal of the proceedings instituted by the petitioners before the Debts Recovery Tribunal-II, Chennai, under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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2. It is evident that the proceedings, S.A.No.159 of 2021, have been instituted only earlier in this year. While the said Act of 2002 requires the expeditious disposal of matters thereunder, there may not be adequate number of tribunals to ensure that the statutory mandate of timeliness is adhered to.
3. C.R.P.No.1754 of 2021 is disposed of by requesting the DRT-II, Chennai to take up the relevant appeal under Section 17 of the said Act and dispose of the same as expeditiously as the business of the tribunal would permit and, preferably, in course of a year from the date of receipt of a copy of this order. The tribunal will be free to deny any prayer for adjournment other than on exceptional grounds. There will be no order as to costs. Since no prejudice is suffered by the order made herein, no previous notice has been directed to be served on the respondent secured creditor. However, the petitioners will be obliged to immediately forward copies of the petition and this order to the respondent secured creditor.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra To:
1. The Debts Recovery Tribunal No.II, Chennai
2. The Authorized Officer, Union Bank of India, Asset Recovery Branch Elconso Building, No.9, Casa Major Road, Egmore, Chennai.
C.R.P. No.1754 of 2021 RR(CO) LS(06/09/2021) https://hcservices.ecourts.gov.in/hcservices/