Ammini Ernest v. The Debt Recovery Appellate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2016

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.No.38948 of 2015 Ammini Ernest ... Petitioner Vs.

1. The Debt Recovery Appellate Tribunal, Fourth Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai rep. by its Registrar

2. State Bank of India, Ernakulam Branch rep. by its Chief Manager and Principal Officer, Ernakulam, Cochi - 682 011.

3. The Authorized Officer, State Bank of India, Stressed Assets Resolution Centre, No.40/474, 2nd Floor, R.S.Building, M.G. Road, Ernakulam, Cochi - 682 011.

4. M/s.Triton Systems Pvt. Ltd., rep. by its Managing Director Solomon Ernest P.

5. Solomon Ernest P.

6. Vasana Solomon ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the first respondent to dispose the R.A. (S.A.) No.163/2012 pending before the Debt Recovery Appellate Tribunal, Chennai.

For Petitioner :

Mr.V.Kadhirvelu For Respondents :

Mr.M.L.Ganesh for R2 & R3

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the petitioner and the learned counsel appearing for the second and third respondents, the writ petition is taken up for final disposal. Notice to respondents 1 and 4 to 6 is dispensed with at this stage, as no adverse order is passed against them in this writ petition.

2.The only relief sought for in this writ petition is a direction to the first respondent to dispose of the pending appeal in R.A. (S.A.) No.163/2012.

3.Learned counsel appearing for respondents 2 and 3 fairly submits that the Bank is equally eager to see the quick disposal of the pending appeal.

4.In such view of the matter, we are not inclined to make any observation. However, the first respondent is directed to examine the appeal and decide the same in accordance with law and on its own merits, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above observation and direction, the writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mmi

To

1. The Registrar, Debt Recovery Appellate Tribunal, Fourth Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai.

2. The Chief Manager and Principal Officer, State Bank of India, Ernakulam Branch, Ernakulam, Cochi - 682 011.

3. The Authorized Officer, State Bank of India, Stressed Assets Resolution Centre, No.40/474, 2nd Floor, R.S.Building, M.G. Road, Ernakulam, Cochi - 682 011.

+1cc to Mr.V.Kadhirvelu, Advocate, S.R.No.756 +1cc to Mr.M.L.Ganesh, Advocate, S.R.No.177 W.P.No.38948 of 2015 KK(CO) CA(25/01/2016)