Jm Financial Asset Reconstruction Company Limited v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN JM Financial Asset Reconstruction Company Limited, (acting in its capacity as trustee of JMFARC SBI March 2014 I Trust), Having its registered office at 7th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumbai 400 025, and Corporate Office at No.22, Lloyds Centre Point, Appasaheb Marathe Marg, Prabhadevi, Mumbai 400 025.
.. Petitioner -vs1.
The Registrar, Debts Recovery Tribunal-III, Wing-D, Shastri Bhavan, 26, Haddows Road, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu 600 006.
2.
Conceria Virginia Chennai Pvt. Ltd., 14, Sivaganga Road, Nungambakkam, Chennai 600 034.
3.
Asgar Ali Dhala (Since deceased), 4.
Muhammed Yavar Dhala 5.
M/s.Forward Leather Company, 50, Raja Muthiah Road, Periamet, Chennai 600 003.
6.
Forward Shoes (India) Pvt. Ltd., 50, Raja Muthiah Road, Periamet, Chennai 600 003.
7.
Zubedia Asgar Ali Dhala 8.
Atiya Fattima .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to consider and pass appropriate orders on the petitioner's application for Return of Original Title Documents (e-filing no.7933/2025 dated 17.10.2025) in T.A.No.1545 of 2025 before the Debts Recovery Tribunal-III, Chennai and to facilitate the return of the original documents listed therein, in accordance with law, within a stipulated time frame.
For Petitioner :
Mr.A.V.Arun * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This petition under Article 226 of the Constitution has been filed seeking a direction to the Debts Recovery Tribunal-III, Chennai, to dispose of the application for return of original title documents pending in T.A.No.1545 of 2025, which has been disposed of.
2. The petitioner has filed an application (e-filing No.7933/2025 dated 07.10.2025) to facilitate the return of original documents listed therein. During the pendency of this application, one of the borrowers died and the application for bringing the legal representatives on
record is pending. The Debts Recovery Tribunal is not taking any action in spite of the fact that the issue has already been settled between the parties. Because of non-return of documents, the petitioner is unable to recover the amount since there is a condition in the settlement agreement that the petitioner would hand over the original documents to the borrowers and on receipt of the documents, the borrowers would pay the entire amount as per the settlement agreement.
3. Taking into consideration the fact that the issue is already settled between the parties, we are inclined to direct the Debts Recovery Tribunal-III, Chennai, to take up the application and decide the same in accordance with law as expeditiously as possible, preferably within two months from the date of receipt of a certified copy of the order.
Petition is disposed of. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 04.06.2026 Index : Yes/No : Yes/No sra
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.
(sra) To 1.
The Registrar, Debts Recovery Tribunal-III, Wing-D, Shastri Bhavan, 26, Haddows Road, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu 600 006.
04.06.2026