M/S.Sri Ayyappan Rice Mill, Rep. By v. Dbs Bank Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2022
CORAM:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE N.MALA WP.NO.12049 OF 2022 AND W.M.P.NOS.11473, 11475 AND 11477 OF 2022 --- M/s.Sri Ayyappan Rice Mill, rep. by its Proprietor Mr.Subramanian .. Petitioner Vs.
DBS Bank Limited, (Erstwhile Lakshmi Vilas Bank), Puducherry Branch, No.199-205, Rengapillai Street, Puducherry-605 001, Rep. by its Authorised Officer, Mr.R.Anandha Narayanan .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the Chief Judicial Magistrate, Villupuram in C.M.P.No.357 of 2021, dated 14.12.2021, quash the same and consequently direct the respondent to accept the one time settlement proposal of the petitioner after subtract penal interest.
For petitioner : No appearance
ORDER
(The Order of the Court was made by The Honourable Chief Justice) Challenge is made to the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), against which, appeal remedy is available under Section 17 of https://hcservices.ecourts.gov.in/hcservices/
the SARFAESI Act. Instead of filing the appeal, the present Writ Petition has been filed.
2. None appears for the petitioner to prosecute the present Writ Petition. Hence, the present Writ Petition is dismissed for non-prosecution. This would not preclude the petitionerCompany to seek remedy of the aforesaid appeal, if the petitioner-Company so desires. But this order would not mean condoning the delay in filing the appeal, rather, such condonation of delay, if any, may be prayed for before the appellate authority.
3. There shall be no order as to costs. Consequently, W.M.Ps. are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cs To The Authorised Officer, DBS Bank Limited, (Erstwhile Lakshmi Vilas Bank), Puducherry Branch, No.199-205, Rengapillai Street, Puducherry-605 001.
Copy To The Chief Judicial Magistrate, Villupuram .
WP.No.12049 of 2022 GPL(CO) PM/22/06/2022 https://hcservices.ecourts.gov.in/hcservices/