S.Ramamoorthy v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL S. Ramamoorthy Proprietor: Ammbal Packages, 3, Anthoniyar Koil Street, Ariyankuppam, Pondicherry 605 007.

..Petitioner Vs.

1. The Presiding Officer, Debts Recovery Tribunal-III, Chennai, 5th Floor, Dewa Tower, No.770-A, Anna Salai, Chennai 600 002.

2. The Authorised Officer, Karur Vysya Bank Ltd., Cuddalore Branch, 71, Car Street, Thiruppapuliyur, Cuddalore District 607 002.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the first respondent to 1/4

collect the fee for the first time an SA is filed based on the amount crystallized and claimed in the Section 13(2) Demand Notice only less recoveries or payments made and treat further measures as M.A. for closed SA's or I.A.'s in pending SA's and that there cannot exist more than on SA between the same parties relating to the same underlying transaction and the excess collected of Rs.2,250/- be returned to the petitioner. For Petitioner : No appearance

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) When the Writ Petition was taken up for hearing on 04.04.2024, there was no representation on behalf of the petitioner. Hence, the Registry was directed to list the matter on 12.04.2024, under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioner. Therefore, the Writ Petition is dismissed for non prosecution. There shall be no order as to costs.

(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) jv 12.04.2024 2/4

Index: No Internet:Yes Non-speaking order Neutral : No To

1. The Presiding Officer, Debts Recovery Tribunal-III, Chennai, 5th Floor, Dewa Tower, No.770-A, Anna Salai, Chennai 600 002.

2. The Authorised Officer, Karur Vysya Bank Ltd., Cuddalore Branch, 71, Car Street, Thiruppapuliyur, Cuddalore District 607 002.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

jv 12.04.2024 4/4