M/S.Shri Rajaganapathi Trading Corporation v. City Union Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.R.P.Nos.2486 and 2487 of 2021 1 SHRI RAJAGANAPATHI TRADING CORPORATION A PARTNERSHIP FIRM REP. BY PARTNERS NAMELY B.K.VENAKATACHALAM AND V.TAMILAYSHHWARYA SHRI RAJAGANAPATHY HOUSE OLD DOOR NO.214/A6, NEW NO.213 SHRI RAJAGANAPATHY ROAD KAMARAJ NAGAR BHAVANI, ERODE - 638 301.

2 V.TAMILAYSHHWARYA PROPRIETRIX OF SHRI SHIV VISHNU TRADERS NO.213 KAMARAJ NAGAR BHAVANI, ERODE - 638 301.

3 B.K.VENKATACHALAM PROPRIETOR OF SRI RAJAGANAPATHY TRADERS NO.214/A6, KAMARAJ NAGAR BHAVANI, ERODE - 638 301.

4 M/s.SRK TRADERS A PARTNERSHIP FIRM REP. BY PARTNERS NAMELY B.K.VENAKATACHALAM AND V.TAMILAYSHHWARYA NO.1 BANNARI AMMAN COMPLEX SARASWATHI MAHAL, POONDURAI ROAD MOOLAPPALAYAM, ERODE - 638 302.

5 B.K.VENAKATACHALAM 6 V.TAMILAYSHHWARYA 7 K.RAJAM .. Petitioners / Petitioners in Both CRPs Vs CITY UNION BANK LTD REP. BY ITS AUTHORIZED OFFICER BHAVANI BRANCH NO.176-178, BHAVANI MAIN ROAD BHAVANI, ERODE DISTRICT - 638301. .. Respondent/ Respondent in Both Crp's https://hcservices.ecourts.gov.in/hcservices/

Prayer: Petitions filed under Article 227 of the Constitution of India against (i) the order made in I.A.2576/2021 in S.A.No.579/2021, on the file of the Debts Recovery Tribunal, Coimbatore dated 20.10.2021, and (ii) the order made in I.A.2580/2021 in S.A.No.580/2021, on the file of the Debts Recovery Tribunal, Coimbatore dated 20.10.2021. For the Petitioners : Mr.AR.L.Sundaresan Senior Advocate for Ms.D.Kamatchi COMMON ORDER (Order of the Court was made by Hon'ble Chief Justice) These petitions have been moved against two individual orders passed by the Debts Recovery Tribunal, Coimbatore on the ground that the Debt Recovery Appellate Tribunal in Chennai is not available at the moment and matters pertaining to such Appellate Tribunal have not been assigned elsewhere.

2. However, the petitioners seek leave to withdraw the petitions with liberty to approach the Appellate Tribunal whenever such tribunal is available.

3. In such view of the matter, C.R.P.Nos.2486 and 2487 of 2021 are permitted to be withdrawn. No fresh revision or writ petition may be filed in this court pertaining to the orders impugned herein. However, nothing will prevent the petitioners from carrying an appeal from the orders impugned to the Appellate Tribunal in accordance with law.

C.M.P.Nos.18748 and 18749 of 2021 are closed. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

THE Debts Recovery Tribunal Coimbatore.

+1cc to Ms.D.Kamachi,Advocate,S.R.No.58911 (24/03/2022) C.R.P.Nos.2486 and 2487 of 2021 RSV(CO) SB(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/