Sammunati Financial Intermediation v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Sammunati Financial Intermediation and Services Pvt. Ltd., rep. by its Head of Stressed Accounts Sankaranarayana Sarma, Baid Hitech Park, 129-B, 8th Floor, ECR, Thiruvanmiyur, Chennai-600 041.

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Petitioner Vs The Registrar, Debts Recovery Tribunal-II, 4th Floor, Dewa Tower, 770-A, Anna Salai, Chennai-600 002.

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Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to refund the court fees of Rs.2,23,049/- (Rupees Two Lakh Twenty Three Thousand Forty Nine only) to the petitioner.

For the Petitioner : Mr.Nithyaesh Natraj

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Nithyaesh Natraj, learned counsel for the petitioner.

2. The petitioner seeks refund of the court fees amount.

3. It appears that the petitioner has not made any application before the Debts Recovery Tribunal for refund of the court fees amount. It is only if an application is made and rejected, then this Court may consider.

4. Learned counsel for the petitioner submits that the petitioner would make an application to the Debts Recovery Tribunal for refund of the court fees amount. In case the petitioner makes an application, the concerned Debts Recovery Tribunal shall decide

the same on its own merits and in accordance with law.

5. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No Yes/No bbr To:

The Registrar, Debts Recovery Tribunal-II, 4th Floor, Dewa Tower, 770-A, Anna Salai, Chennai-600 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 31.07.2023