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Madras High CourtWP/17305/2019disposed of

P.G.Sethuram v. M/S.Axis Bank Ltd

2019-07-10Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.17305 of 2019 P.G.Sethuram .. Petitioner -vsM/s.Axis Bank Limited, Vellakoil Branch, through its Authorized Signatory, No.653-G, T.R.G. Trade Centre, Muthur Road, Vellakoil - 638 111, Tiruppur District.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the Debts Recovery Tribunal, Coimbatore to dispose the Original Application in O.A.No.431 of 2017 filed by the respondent Bank within stipulated time as this Hon'ble Court fixes. For Petitioner : Ms.R.Hemalatha for M/s.C.Prakasam For Respondent : Mr.N.Muthukumaran

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Mr.N.Muthukumaran, learned counsel undertakes to file vakalat on behalf of the respondent in the course of the day.

2. Heard Ms.R.Hemalatha, learned counsel for the petitioner and Mr.N.Muthukumaran, learned counsel for the respondent.

3. The case of the petitioner is that the respondent Bank has filed O.A.No.431 of 2017 before the Debts Recovery Tribunal, https://hcservices.ecourts.gov.in/hcservices/

Coimbatore for recovery of a sum of Rs.11,36,345/-. Though I.A.No.431 of 2017 was preferred on 15.07.2017, the same has not been disposed of till date. Further case of the petitioner is that due to pendency of O.A.No.431 of 2017, he is not able to cultivate the lands and hence, he is suffering huge loss. Thus, it is prayed that a direction be issued to the Debts Recovery Tribunal, Coimbatore, to dispose of O.A.No.431 of 2017 within the stipulated time.

4. In view of the limited prayer made by the petitioner, without expressing any opinion on the merits of the case and looking to the fact that O.A.No.431 of 2017 is pending since 15.07.2017, we direct the Debts Recovery Tribunal, Coimbatore to dispose of O.A.No.431 of 2017 within a period of four months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bbr To The Debts Recovery Tribunal, Coimbatore.

+1cc to Mr.C.Prakasam, Advocate sr.58489 +1cc to Mr.N.Muthukumaran, Advocate sr.58324 W.P.No.17305 of 2019 vsn-co nr 01/08/2019 https://hcservices.ecourts.gov.in/hcservices/