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Madras High CourtCRP/3392/2014dismissed

Canara Bank v. D.R.Naik,

2018-11-26Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD)No.3392 of 2014 M/s.Canara Bank Guindy Branch No.75, Anna Salai Guindy Chennai - 600 032 ... Petitioner v.

1.Shri D.R.Naik 2.Shri Anis A Abid 3.Shri T.S.Anatharaj Stephen 4.Shri.Franklin Samuel Raj Toney @ Andrew Marshal 5.Shri K.Vasanthan 6.Shri R.Balakrishnan 7.Shri Manoj Kumar Ojha 8.Shri H.Sandeep Kumar 9.Shri C.S.N.Murthy ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 30.06.2014 passed by the learned Presiding Officer, Debts Recovery Tribunal-II, Chennai in O.A.S.R.,No.327 of

2914 and to consequently, direct the Presiding Officer, Debts Recovery Tribunal-II, Chennai to take the above O.A. on record by way of numbering it and to dispose of the same in accordance with law. For Petitioner : Mr.R.Umasuthan For Respondents : Not Ready in Notice - R1 and R3 to R9 No appearance - for R2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has challenged the order of the Debts Recovery Tribunal-II, Chennai, dated 30.06.2014 in S.R. No.327 of 2014.

2. Since the petitioner has got remedy by way of an appeal before the Debt Recovery Appellate Tribunal and the above Civil Revision Petition has been preferred against the order of the Debts Recovery Tribunal, it would be appropriate that the petitioner approaches Debt Recovery Appellate Tribunal against the said order.

3. It is observed that it is open to the petitioner to approach the Debt Recovery Appellate Tribunal against the order dated 30.06.2014.

If the petitioner approaches the Debt Recovery Appellate Tribunal, the Appellate Tribunal to decide the same in accordance with law. With these observations, the Civil Revision Petition is dismissed. No costs.

(V.K.T., CJ.) (M.D., J.) 26.11.2018 Index : Yes/No Speaking Order/Non Speaking Order Rj To The Debts Recovery Tribunal-II, Chennai

THE HON'BLE CHIEF JUSTICE AND M. DURAISWAMY,J.

Rj C.R.P.(NPD)No.3392 of 2014 26.11.2018