Union Bank Of India, Asset v. The Chief Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.32301 of 2015 Union Bank of India Asset Recovery Branch represented by its Chief Manager - Law and Authorised Officer Ground Floor, Union Bank Bhavan No.139, Prakasam Road Broadway, Chennai 600 108 Petitioner vs.

The Chief Metropolitan Magistrate Chennai Metropolitan Division Chennai 600 003 M.G.M. Exports a Partnership firm represented by its Partners M.S. Gunasekaran M.S.G. Bhuvan Kumar Vasantham Associates represented by its Partner C. Jayakumar 29, Lakshmi Apartments 16th Cross Street Navalkeny, Chrompet, Respondents Chennai 600 044.

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the Chief Metropolitan Magistrate, the first respondent herein, to take physical possession of the secured asset being No.40/7, Ramakrishna Street, T. Nagar, Chennai 600 017, by evicting the respondents 2 to 5 and the alleged inmates claiming to be the lessees of the secured asset and forward the asset to the petitioner within a time-frame.

https://hcservices.ecourts.gov.in/hcservices/

For petitioner Mr. A.V. Arun

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The instant writ petition is filed seeking a direction to the Chief Metropolitan Magistrate, the first respondent herein, to execute the order passed by him on 12 December 2014 in Crl.M.P. No.5494 of 2014 in Crl.M.P. No.2079 of 2014. At the threshold, we are constrained to observe that we are at a loss to appreciate as to how this writ petition is maintainable. The first respondent is competent to ensure that the order passed by him is executed. We are afraid that we may not permit converting this Court as an executing Court of the orders passed by the Chief Metropolitan Magistrate. Thus, we are of the considered view that this writ petition is frivolous. As a sequitur, the writ petition fails and is accordingly dismissed. Costs made easy.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cad To The Chief Metropolitan Magistrate Chennai Metropolitan Division Chennai 600 003.

+ 1 cc t Mr.A.V. Arun, Advocate Sr.55890 W.P. No.32301 of 2015 AD(CO) Eu 29.10.15 https://hcservices.ecourts.gov.in/hcservices/