Madras High CourtWP/24823/2019disposed of

M/S.Emotions Builders Pvt Ltd v. The Recovery Office

2019-09-23Honourable The Acting Chief Justice,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2019 CORAM :

THE HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.24823 of 2019 1.M/s.Emotions Buildings Pvt.Ltd., rep.by its Authorized Signatory, Mr.Arasamuthu Chithambara Kuttalingam, 2.M3 Techno Soft Pvt.,Ltd., rep.by its Authorized Signatory, Mr.Arasamuthu Chithambara Kuttalingam .. Petitioners Vs.

1.The Recovery Officer, Debts Recovery Tribunal, Coimbatore.

2.Canara Bank, ARM Branch, Coimbatore.

3.Mr.M.Sathiaraj ... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for issue of writ of mandamus directing the first respondent to dispose of the A.P.No.11 of 2015 in I.A.No.1867 of 2015 in R.P.No.81 of 2013 in O.A.No.189 of 2006, pending on the file of the Debts Recovery Tribunal, Coimbatore, within the time to be stipulated by this Court. For Petitioner : Mr.R.Bharath Kumar For Respondents : No appearance

ORDER

(Order of the Court was made by The Hon'ble Acting Chief Justice) The only prayer made in the present writ petition is seeking expeditious disposal of the proceedings in A.P.No.11 of 2015, on the file the Debts Recovery Tribunal, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/

2.Mr.R.Bharath Kumar, the learned counsel appearing for the petitioner urged before us that the proceedings are being dragged on in the said Tribunal and therefore, mandamus may be issued to the said Tribunal to expedite the said proceedings.

3.Having heard the learned counsels for the parties, we are satisfied that no such direction can be issued in the matter. The learned Tribunal is, ofcourse, expected to decide all the cases expeditiously, but singling out any particular case would only disrupt the entire process of the learned Tribunal, which is supposed to deal with all the matters, in accordance with law, according to its priority. Therefore, we are not inclined to issue the direction as prayed for in this writ petition.

Accordingly, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar msk To:

1.The Recovery Officer, Debts Recovery Tribunal, Coimbatore.

2.Canara Bank, ARM Branch, Coimbatore.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No. 81752 W.P.No.24823 of 2019 VBA(CO) GN(17/10/2019) https://hcservices.ecourts.gov.in/hcservices/