Madras High CourtWP/17721/2018disposed of

M/S.Nandhi Dall Mills, v. Icic Bank Ltd.,

2024-11-13Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.20994, 20995 of 2018; 8689 and 25955 of 2019 1.M/s.Nandhi Dall Mills, A partnership firm rep. by its Managing Partner S.A.Kumar No.270, Narashimman Road, Salem-636 002.

2.S.A.Kumar 3.K.Jayanthi 4.S.K.Arun .. Petitioners Vs 1.ICICI Bank Limited, rep. by its Authorised Signatory, 3rd Floor, ICICI Bank, No.1, Cenoapsh Road, Teynampet, Chennai-600 018.

2.The Registrar, Debts Recovery Appellate Tribunal, Chennai.

3.The Presiding Officer, Debts Recovery Tribunal, Kalyani Towers, Madurai.

4.M.Sundareswaran .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records in M.A.No.160 of 2017 on the file of the Debts Recovery Appellate Tribunal, Chennai and quash the order dated 19.03.2018 as the same is arbitrary, unreasonable and against the principles of natural justice. For Petitioners : Mr.Jayesh B Dolia Senior Counsel for M/s.Aiyar and Dolia For Respondents : Mr.Ilaiya Raj Kumar for M/s.Ramalingam & Associates for respondent No.1 : R2 & R3 - Tribunal : R4 - Tapal Returned (Left)

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioners states that petitioners have all intentions to settle with the bank and would be happy to get one-time settlement offer

from the bank. Counsel states petitioners have made a request to the bank to extend the earlier one-time settlement offer that was made.

2. Counsel for the bank states nobody prevents petitioners from approaching the bank with a reasonable offer and, if offer is received, the bank may consider the same on commercial terms. Counsel says he has no instructions to make any commitment on behalf of the bank.

3. Keeping open all rights and contentions, writ petition is disposed of. There shall be no order as to costs. W.M.P.No.20994 of 2018 filed to permit petitioners to file a single writ petition is allowed. The other interim applications stand disposed of.

(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 13.11.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The Registrar, Debt Recovery Appellate Tribunal, Chennai.

2.The Presiding Officer, Debts Recovery Tribunal, Kalyani Towers, Madurai.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

bbr 13.11.2024