M/S.City Union Bank Ltd v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.M.P. No. 34625 of 2022 W.P. No. 25986 of 2022:- M/s. City Union Bank Ltd.

A banking Company registered under the Companies Act, 1956 and carrying on the business of Banking with its Administrative Office at "Narayana", No.24, Gandhi Nagar and Branches among other Places at 27-30, Sarojini Street Ramnagar, Coimbatore - 641 009 and is represented by its Authorised Signatory ..

Petitioner -vs1. The Registrar Debts Recovery Tribunal, Coimbatore 2nd and 3rd Floors, Jawan's Bhavan No.27, T.B.Road, Coimbatore-641 018.

2. Mr. Srivenkatesh Shyam Kumar

3. Mr. G.Jawahar

4. Mrs. Rajalakshmi Jawahar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to take up the Original Application No. 249/2019 and dispose of the same within a time frame passed by the Court.

W.P.No.25986 of 2022:- For Petitioner : No appearance For Respondents : Mr. Jayesh B.Dolia for M/s. Aiyar & Dolia Mr. Chandrasekaran (R1) W.P. No.25990 of 2022:- For Petitioner : No appearance For Respondents : Mr. Jayesh B.Dolia for M/s. Aiyar & Dolia (RR2 & 3) W.P. No.25993 of 2022:- For Petitioner : No appearance For Respondents : Mr. Jayesh B.Dolia for M/s. Aiyar & Dolia (RR2 to 4) W.P. No.25995 of 2022:- For Petitioner : No appearance

For Respondents : Mr. Jayesh B.Dolia for M/s. Aiyar & Dolia (RR2 to 4) W.P. No.35161 of 2022:- For Petitioner : Mr. R.Singaravelan Senior Counsel For J.Arokhiaraj For Respondents : Mr. M.L.Ganesh (R1) Mr. K.M.D.Muhilan, AGP (RR2 &3) W.P. No.7348 of 2023:- For Petitioner : Mr. M.Purushothaman W.P. No.8228 of 2023:- For Petitioner : Mr. M.L.Ganesh W.P. No. 10188 of 2023:- For Petitioner : Mr. C.Prabakaran For Respondents : Mr. AR.L.Sundaresan Senior Counsel Assisted by Mr. V.Chandrasekaran Senior Panel Counsel (R1) C O M M O N O R D E R (Order of the Court was made by The Hon'ble Chief Justice)

In all these writ petitions, the grievance is that the Original Applications/Sarfaesi Applications filed long back are pending with Debts Recovery Tribunal, Coimbatore (hereinafter referred to as 'the DRT' for short). The proceedings are pending since the year 2016 and the same are not being decided.

2. It is expected that the matters before the DRT are dealt with expeditiously or the very purpose of the DRT itself gets frustrated. The DRT shall endeavour to decide the matters as expeditiously as possible considering the age of the matters.

3. With the aforesaid observations, these writ petitions are disposed of. No costs. Connected W.M.P. No. 34625 of 2022 is closed.

(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index : yes/no Maya

To:

The Registrar Debts Recovery Tribunal, Coimbatore 2nd and 3rd Floors, Jawan's Bhavan No.27, T.B.Road, Coimbatore-641 018.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) W.P. Nos. 25986, 25990, 25993, 25995 and 35161 of 2022 and W.P. Nos. 7348, 8228 and 10188 of 24.07.2023