S.Saravanan v. The Registar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.25660 of 2024 and W.M.P.Nos.18893 & 18894 of 2024 Mr.S.Saravanan ... Petitioner -vs1. The Registrar, Debits Recovery Appellant Tribunal, Chennai, 7th Floor, Additional Office Buildings, Shastri Bhavan, Haddows Road, Chennai-600 006.
2. The Authorised Officer, Indian Bank, Paramakudi Branch, 3/547 L1 Madurai Rameswaram Main Road, Paramakudi-623 707.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to number AIR No.1217 of 2023 as Regular Appeal as per order dated 17.04.2024 in W.P.No.7981 of 2024 of this Court complied with by deposting the amount of Rs.23,00,000/-. For Petitioners :
Ms.S.Gomathi ***** 1/4
O R D E R
(By the Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to the 1st respondent to number AIR No.1217 of 2023 as Regular Appeal as per order dated 17.04.2024 in W.P.No.7981 of 2024 of this Court so as to comply with deposing of the amount of Rs.23,00,000/-.
2. It is the case of the petitioner that he has filed I.A.No.378 of 2023 in AIR (SA) No.1217 of 2023, seeking for waiver of statutory deposit required under Section 18(1) of the SARFAESI Act, 2002 for entertaining the appeal. On 17.04.2024, a submission was made before this Court that a sum of Rs.25,00,000/- has already been paid to the Bank as per the directions of the Court and that the petitioner would deposit further sum of Rs.23,00,000/-. According to the petitioner, though he has complied with the order, the DRAT has not numbered the application, as the application has not been taken up for passing final orders as directed by this Court.
3. It is seen that despite deposit of the entire amount of Rs.51 lakhs by the petitioner, the DRAT has not listed the application in I.A.No.378 of 2023 for hearing and passing further orders and also to comply with the orders of this Court by 2/4
entertaining the appeal. Failure on the part of the DRAT in numbering the appeal has forced the petitioner to knock at the doors of this Court, which is unwarranted and the petition is made to run from pillar to post. If any such application is filed, it is the duty of the DRAT to take up the application and dispose of the same at the earliest point of time so as to comply with the provisions of Section 18(1) of the SARFAESI Act. Hence, the 1st respondent is directed to list the application before the Presiding Officer for hearing, who, in turn shall pass final orders in respect of numbering the appeal at an early date.
4. With the above direction, this Writ Petition is disposed of. No costs. [D.K.K.,ACJ.] [P.B.B,J.] 05.09.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar
1. The Registrar, Debits Recovery Appellant Tribunal, Chennai, 7th Floor, Additional Office Buildings, Shastri Bhavan, Haddows Road, Chennai-600 006.
2. The Authorised Officer, Indian Bank, Paramakudi Branch, 3/547 L1 Madurai Rameswaram Main Road, Paramakudi-623 707.
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HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar 05.09.2024 4/4