Aiyer D. Radhakrishnan v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32668 of 2016 and WMP.No.28298 of 2016

1. Aiyer D.Radhakrishnan

2. R.Mahalakshmi .. Petitioners Vs.

1. State Bank of India RACPC, MRC Nagar Branch 6th Floor, High Gates 82, DGS Dhinakaran Salai Santhome High Road Chennai - 600 028.

2. The Debts Recovery Tribunal-II 4th Floor, Dewa Tower 770A, Anna Salai Chennai - 2.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for the records pertaining to the issue of the impugned order dated 16.8.2016 passed by the second respondent Tribunal in M.A.No.71 of 2016 in O.A.No.256 of 2015 and to quash the same as illegal and void.

For Petitioners : Mr.D.Muthukumar for M/s.Paul and Paul For Respondents : Mr.E.Karthikraja for Mr.G.Karthikeyan for 1st respondent https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Made by M.Duraiswamy,J.) The petitioner has filed the above writ petition to issue a certiorari to call for the records pertaining to the issue of the impugned order dated 16.8.2016 passed by the second respondent Tribunal in M.A.No.71 of 2016 in O.A.No.256 of 2015 and to quash the same.

2. When the matter is taken up for hearing, the learned counsel appearing for the first respondent submitted that the relief sought in the writ petition has become infructuous for the reason that M.A.No.71 of 2016 has been dismissed by the Debts Recovery Tribunal-II, Chennai, on the ground that the petitioners have not complied with the conditional order dated 16.8.2016. Further, the learned counsel submitted that the Debts Recovery Tribunal-II, Chennai, has also issued Debt Recovery Certificate (DRC) in favour of the first respondent bank.

3. The learned counsel appearing for the petitioners submitted that he has no instructions from the petitioners with regard to the submissions made by the learned counsel for the first respondent bank, however, the submission made by the first respondent bank may be recorded and the writ petition may be dismissed as infructuous.

In view of the submissions made by the learned counsel on either side, the writ petition is dismissed as infructuous. No costs. Consequently, W.M.P.No.28298 of 2016 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sasi To:

The Assistant Registrar Debts Recovery Tribunal-II 4th Floor, Dewa Tower 770A, Anna Salai Chennai - 2.

+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.69197 W.P.No.32668 of 2016 VSNII(CO) GSP(17/10/2018) https://hcservices.ecourts.gov.in/hcservices/