Bharathi.R v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
1. Bharathi.R
2. Dhanalakshmi ..
Petitioners Vs.
1. The Registrar Debts Recovery Tribunal III Shastri Bhavan Chennai 600 006.
2. Cholamandalam Investment and Finance Company Ltd.
4th Floor at ASV Lotus Business Park No.3/147, Pathari Road (Off Mount Road) Thousand Lights Chennai 600 006.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records pertaining to S.I.A.No.880 of 2023 in S.A.No.345 of 2023 on the file of Debts Recovery Tribunal III, Chennai and quash the order dated
11.07.2023 and consequently, direct the Debts Recovery Tribunal III, Chennai to hear and dispose of the S.I.A.No.880 of 2023 in S.A.No.345 of 2023 after providing an opportunity of hearing. For the Petitioners : Mr.Niranjan Rajagopalan For the Respondents : Mr.Kishore Balasubramanian for Respondent-2
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.Niranjan Rajagopalan, learned counsel for the petitioners and Mr.Kishore Balasubramanian, learned counsel for the second respondent.
2. It is reported by learned counsel for the petitioners that the main appeal itself has been dismissed by the Debts Recovery Tribunal.
3. In view of that, the challenge to the interim order would not survive. The petitioners are at liberty to assail the subsequent order and in that event, the challenge to the present order is also kept open.
4. The writ petition is disposed of. There will be no order as to costs. W.M.P.No.24509 of 2023 seeking permission to file a single writ petition is allowed and disposed of. W.M.P.Nos.24510 & 24513 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.) 11.09.2023 Index :
Yes/No :
Yes/No kpl To The Registrar Debts Recovery Tribunal III Shastri Bhavan Chennai 600 006.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 11.09.2023