K.Suresh Kumar v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MS.JUSTICE R.N.MANJULA K.Suresh Kumar ..

Petitioner Vs.

The Authorised Officer OXYZO Financial Services Pvt. Ltd.

Old No.129, New No.42 First Floor, Sterling Road Nungambakkam Chennai 600 034.

..

Respondent Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records in relation to the order dated 27.04.2023 made in S.A.No.271 of 2023 on the file of the Debt Recovery Tribunal, Coimbatore and quash the same and consequently, grant a time period of six months to the petitioner to make the first instalment of Rs.50.00 lakhs to the respondent bank.

For the Petitioner : Mr.R.Bharath Kumar

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed challenging the conditional order dated 27.04.2023 passed by the Debts Recovery Tribunal, Coimbatore in S.A.No.271 of 2023.

2. Admittedly, the petitioner has got an effective remedy before the Debt Recovery Appellate Tribunal against the order passed by the Debts Recovery Tribunal, Coimbatore.

3. In view of the above, if the petitioner is aggrieved by the conditional order passed by the Debts Recovery Tribunal, Coimbatore, he has to work out his remedy only before the Debt Recovery Appellate Tribunal and not before this Court by invoking Article 226 of the Constitution of India.

4. The writ petition, therefore, is not maintainable and accordingly, it is dismissed. Consequently, WMP No.15517 of 2023 is also dismissed.

(T.R., ACJ.) (R.N.M., J.) 24.05.2023 Index : Yes/No : Yes/No kpl/mrn To The Authorised Officer OXYZO Financial Services Pvt. Ltd.

Old No.129, New No.42 First Floor, Sterling Road Nungambakkam Chennai 600 034.

T.RAJA, ACJ, and R.N.MANJULA, J.

(kpl/mrn) 24.05.2023