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Madras High CourtWP/24563/2023disposed of

M/S.Dart Tex v. The Authorised Officer

2023-08-22Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s.Dart Tex represented by its Partner K.S.Thangamuthu : Petitioner versus 1.The Authorised Officer, Karnataka Bank ltd., Asset Recovery Management Branch No.324, Ground Floor, Thambu Chetty Street, Chennai 600001 2.Muthusamy Priyadharshini 3.The Presiding Officer, Debts Recovery Tribunal, Coimbatore : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Debts Recovery Tribunal, Coimbatore to dispose SA No.379 of 2021 on its file within the time limit that may be fixed by this Court; consequently grant an order of injunction forbearing the 2nd respondent from in any manner transferring his rights and interest to any other third party with respect of the immovable properties described in the e-auction sale notice dated 12.05.2021 of th e1st respondent pending disposal of SA No.379 of 2021 on the file of Debts Recovery Tribunal, Coimbatore.

For the Petitioner :

Mr.R.Selvakumar

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Selvakumar, learned counsel for the petitioner.

2. This Writ Petition is filed seeking directions to the Debts Recovery Tribunal, Coimbatore to dispose of SA No.379 of 2021 within a stipulated time.

3. We are not aware of the pending matters before the concerned Debts Recovery Tribunal. The petitioner may make a request to the Debts Recovery Tribunal for expeditious disposal of the securitisation application. The Tribunal shall consider the said application on its own merits.

4. The petitioner is entitled to pray for interim orders before the Debts Recovery Tribunal, as may be permissible under law. In that event, all contentions are kept open.

5. The Writ Petition is disposed of. There will be no order as to costs. Consequently, WMP No.23982 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 22.08.2023 Index : Yes/No : Yes/No tar To 1.The Authorised Officer, Karnataka Bank ltd., Asset Recovery Management Branch No.324, Ground Floor, Thambu Chetty Street, Chennai 600001 2.The Presiding Officer, Debts Recovery Tribunal, Coimbatore

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

(tar) 22.08.2023