A.Ashok Kumar, v. M/S.City Union Bank,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2016
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE N.AUTHINATHAN Writ Petn.No.32001 of 2016 and WMP No.27753 of 2016 1.A.Ashok Kumar 2.Mrs.Arunkumari 3.A.Nanda Kumar 4.A.Krishnakumar .... Petitioners vs.
1.M/s.City Union Bank Rep. by its Manager Mount Road Branch No.706, Anna Salai Chennai - 600 006 2.C.Abdul Khader ... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus forbearing the respondents, their men, agents, servants, assigns or anybody claiming through them from interfering in any way with the petitioners' peaceful possession and enjoyment of the property which is morefully described in the schedule given in the petition, until the appeal in A.I.R.No.597/2015 on the file of Debts Recovery Appellate Tribunal, Chennai. For Petitioners : Mr.G.Ilangovan
ORDER
(delivered by S.MANIKUMAR, J) Statutory appeal No.597/2015 has been filed, in which, writ petitioners, by filing an interim application, have sought for an ad-interim injunction, restraining the respondents, their men, agents, servants, assigns or anybody claiming through them from interfering in any way with the writ petitioners' peaceful possession and enjoyment of the subject property more fully https://hcservices.ecourts.gov.in/hcservices/
described in the schedule to the said petition.
2. Mr.G.Ilangovan, learned counsel for the writ petitioners, fairly submitted that interim application has been entertained, but without providing adequate opportunity of hearing, only notice has been ordered in the said petition. Pending disposal of the interim application, writ petitioners have sought for a mandamus directing the respondents, their men, agents, servants, assigns or anybody claiming through them from interfering in any way with the writ petitioners' peaceful possession and enjoyment of the property morefully described in the schedule given to the petition.
3. Even as per the version of the writ petitioners, for the very same prayer, a petition for interim injunction is pending on the file of the Debts Recovery Appellate Tribunal in which notice has been order and in such circumstances, there cannot be a simultaneous and parallel proceedings. Though Mr.G.Ilangovan, learned counsel for the petitioners, submitted that adequate opportunity of hearing has not been given, this court is not inclined to countenance the same. Learned counsel for the petitioners is permitted to pursue the application filed in A.I.R.No.597/2015 for injunction before the Tribunal. Writ petition is not maintainable and hence the same is dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar asr To The Registrar, The Debts Recovery Appellate Tribunal, Chennai W.P.No.32001 of 2016 aa14/10/2016 https://hcservices.ecourts.gov.in/hcservices/