Madras High CourtWP/22879/2014disposed of

M.Rajendran v. The Registrar

2019-07-24Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.22879 of 2014 M.Rajendran .. Petitioner Vs 1 The Registrar Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Buildings Ethiraj Salai, Egmore Chennai - 600 009.

2 The Registrar Debts Recovery Tribunal, Madurai No.1670, Trichy Road Ramanathapuram Coimbatore - 641 045.

3 Indian Overseas Bank Ramalinga Nagar Branch Rep by its Asst. General Manager No.190, N.S.R.Road Saibaba Colony Coimbatore - 641 011.

4 The Authorised Officer Indian Overseas Bank Ramalinga Nagar branch No.190, N.S.R.Road Saibaba Colony Coimbatore - 641 011.

5 Asset Reconstruction Company (India) Ltd. 'The Ruby' 10th Floor No.29, Senapathi Bapat Marg Dadar (West) Mumbai - 400 028.

.. Respondents

PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for records ending with the letter of 3rd respondent dated 28.7.2014 and to quash the same.

For Petitioner : Mr.N.Ishtiaq Ahmed For Respondents : Mr.F.B.Benjamin George for respondents 3 and 4 Mr.Dev Eshwar for M/s.Shivakumar and Suresh for 5th respondent RR1 and R2 -Tribunal

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The above writ petition has been filed by the petitioner to issue a writ of certiorari to call for records relating to the letter of third respondent dated 28.7.2014 and to quash the same. By the said letter dated 28.7.2014, the third respondent/bank informed the petitioner that the debt has been assigned in favour of the fifth respondent/Asset Reconstruction Company (India) Limited.

2. The learned counsel appearing for the petitioner submitted that the petitioner has already filed a SARFAESI Application in S.A.No.98 of 2013 on the file of the Debts Recovery Tribunal, Coimbatore, and the same is pending. However, the learned counsel submitted that liberty may be given to the petitioner to raise the issue involved in the present writ petition in the said SARFAESI Application, for which the learned counsel appearing for the respondent/Bank has no objection.

3. In view of the submissions made by the learned counsel on either side, we clarify that the petitioner is at liberty to raise the issue involved in the present writ petition in S.A.No.98 of 2013 and the Debts Recovery Tribunal, Coimbatore, shall decide the same on merits and in accordance with law.

With these observations, the writ petition is disposed of. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To:

1 The Registrar Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Buildings Ethiraj Salai, Egmore Chennai - 600 009.

2 The Registrar Debts Recovery Tribunal, Madurai No.1670, Trichy Road Ramanathapuram Coimbatore - 641 045.

+1cc to Mr.N.Ishtiaq Ahemed , Advocate SR.No. 63222 +1cc to Mr.Shiva kumar , Advocate SR.No. 63237 +1cc to Mr.f.B.Benjamin George , Advocate SR.No. 63272 W.P.No.22879 of 2014 A.SK(14/08/2019)