M/S.Cholamandalam Investments v. Subramanian.B,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.13894 of 2018 and WMP No.16427 of 2018 M/s.Cholamandalam Investments and Finance Company Limited [formerly known as M/s.Cholamandalam DBS Finance Limited], Represented by its Authorised Officer, Mr.M.Vasanth, 'Dare House' at No.2, NSC Bose Road, Chennai - 600 001.

... Petitioner vs.

1. Subramanian.B

2. Chitra.A

3. Selva Sundari.S

4. M/s.Selva Exports, Rep. by its Partner, B.Subramanian,

5. Andavar.B ... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to transfer SA No.49 of 2018 and dated 06.06.2018 pending before DRT-I, transfer the same to DRT-II, to be tried along with the pending S.A.No.87 of 2018 which is prior in time. For Petitioner : Mr.S.Namasivayam

ORDER

(Order of the Court was made by S.MANIKUMAR, J) After making submissions and taking note of the observations of this Court and in the light of Sub Section (2) of 17-A of the Recovery of Debts and Bankruptcy Act, 1993 read with Section 17(7) of the SARFAESI Act, 2002, Mr.S.Namasivayam, learned counsel for the petitioner submitted that the petitioner would take out an application for transfer of SA No.49 of 2018, https://hcservices.ecourts.gov.in/hcservices/

on the file of Debts Recovery Tribunal-I, Chennai, to Debts Recovery Tribunal-II, Chennai, to be tried alongwith S.A.No.87 of 2018.

2. Placing on record the above submission, writ petition is disposed of accordingly. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar TO The Presiding Officer, Dept Recovery Tribunal-I, Chennai.

W.P.No.13894 of 2018 and WMP No.16427 of 2018 GN(18/06/2018) https://hcservices.ecourts.gov.in/hcservices/