Maruthai v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.17488 of 2021 & W.M.P.No.18572 of 2021 Maruthai S/o.Krishnamurthy .. Petitioner Vs

1. The Presiding Officer, Debt Recovery Tribunal-I, Chennai, Spencer Tower, 4th 5th & 6th Floor, No.770-A, Mount Road, Chennai, Tamilnadu.

2. The Chief Judicial Magistrate, Cuddalore, Cuddalore District, Tamilnadu.

3. City Union Bank, Credit Recovery and Management Department, "Narayana" Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam-612 001, rep. By its Authorised Officer.

4. The Branch Manager, City Union Bank Ltd., Vilanthai Branch, No.812A, South Street, Jothy Complex, Aandimadam Panchayat Union Office, Vilanthai, Ariyalor District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent to dispose of the IA No.620 of 2021, 621 of 2021 and 648 of 2021 in SA (SR No.366 of 2021), on the file of the Debt Recovery Tribunal-I, Chennai expeditiously within a stipulated time till such time forbear the 3rd and 4th respondent bank from

taking over the physical possession of the secured asset of the petitioner without leave of the Debt Recovery Tribunal in the pending O.A.No.394 of 2019 on the file of the Debt Recovery Tribunal-III, Chennai and pending SA (SR) No.366 of 2021, on the file of Debt Recovery Tribunal-I, Chennai as required under Section 19(1) of the RDDB&FI Act or till disposal of the said cases.

For the Petitioner : Mr.E.Omprakash Senior Advocate for M/s.P.R.Thiruneelakandan For the Respondents : Mr.R.Sivaraman for respondent Nos.3 and 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) It is submitted on behalf of the petitioner that the writ petition has become infructuous and no useful purpose will be served in carrying it any further.

2. Accordingly, W.P.No.17488 of 2021 is dismissed as not pressed without going into the merits thereof. W.M.P.No.18572 of 2021 is closed.

There will be no order as to costs.

Sd/- Assistant Registrar(CS) // True Copy// Sub Assistant Registrar bbr To:

1. The Presiding Officer, Debt Recovery Tribunal-I, Chennai, Spencer Tower, 4th 5th & 6th Floor, No.770-A, Mount Road, Chennai, Tamilnadu.

2. The Chief Judicial Magistrate, Cuddalore, Cuddalore District, Tamilnadu.

3. The Authorised Officer, City Union Bank, Credit Recovery and Management Department, "Narayana" Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam-612 001.

4. The Branch Manager, City Union Bank Ltd., Vilanthai Branch, No.812A, South Street, Jothy Complex, Vilanthai, Ariyalor District.

W.P.No.17488 of 2021 & W.M.P.No.18572 of 2021 AJS(CO) SU(02/09/2021)