M/S.Power Creating Zone (P) v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.4052 of 2015 and M.P. No.1 of 2015 Power Creating Zone (P) Ltd.

Represented by its Managing Director Mr. S. Karunanidhi S/o Mr. Subramanian Madurai Salem Bye Pass Road Karur Taluk & District Petitioner vs.

The Registrar Debts Recovery Appellate Tribunal Chennai The Authorised Officer Syndicate Bank Regional Office Leelavathi Buildings No.69, Armenian Street Chennai 600 001 Syndicate Bank represented by its Senior Manager SRN Tower, No.208/1 I Cross Street Sengunthapuram Karur 639 002 Morvi Exports represented by its Partner S.R. Manickavasagam NH-7, New Bye Pass Road Karur 639 002 Jai Kavitha Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent herein to forthwith number and hear and dispose of the appeal filed

by the petitioner herein against the order dated 01.10.2014 in S.A. No.96 of 2012.

For petitioner Mrs. AL. Ganthimathi

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The only limited relief sought in this writ petition is to direct the first respondent herein, viz., the Debt Recovery Appellate Tribunal, Chennai, to consider the purported appeal filed by the petitioner against the order dated 01.10.2014 passed in S.A. No.96 of 2012 by the Debts Recovery Tribunal-II, Chennai. The petitioner, by this writ petition, has sought a direction to the first respondent to number the appeal preferred by it, hear and dispose of the same.

We do not find any reason as to why this petition seeking such relief has been filed, at this stage. If all the procedural requirements are in order, the Appellate Tribunal is under an obligation to get the same numbered and consider the case in accordance with law.

Thus, the petitioner is directed to approach the Appellate Tribunal and get the case numbered, after complying with all the procedural requirements. After the case is numbered, there is no reason that the Appellate Tribunal would not consider the matter on its own merit and in accordance with law, expeditiously. The writ petition is disposed of with the above direction. No costs. Connected Miscellaneous Petition is closed. cad -s/d- Assistant Registrar(CO) Dt:23/2/2015 True Copy Sub-Assistant Registrar To The Registrar Debts Recovery Appellate Tribunal Chennai

The Authorised Officer Syndicate Bank Regional Office Leelavathi Buildings No.69, Armenian Street Chennai 600 001 The Senior Manager Syndicate Bank SRN Tower, No.208/1 I Cross Street Senghnthapuram Karur 639 002 + 1 cc to M/s.AL.Ganthimathi, Advocate SR 8765 ggk(co) prk23/2 W.P. No.4052 of 2015