Slt Modern Rice Mill v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY SLT Modern Rice Mill Rep. by its Proprietrix S.Sasikala No.91/2, Manapet Village Kattukuppam Pondicherry - 607 402.

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Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal 3 Chennai.

2. The Registrar Debts Recovery Tribunal 3 Chennai.

3. The Authorised Officer Karur Vysya Bank No.1, Padmavathiyar Road 2nd Florr, (Off Peters Road) Gopalapuram, Chennai - 600 086.

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Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the first respondent in connection with the impugned order dated 28.04.2023 and quash the same and direct the registry to number the above said SA diary No.433 of 2023 filed by the petitioner and list the matter for hearing.

For the Petitioner : Mr.M.D.Thirunavukkarasu

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.D.Thirunavkkarasu, learned counsel for the petitioner.

2. The Securitisation Application filed by the petitioner has been returned by the Assistant Registrar on the ground of limitation on 28.04.2023. It is submitted by learned counsel for the petitioner that the petitioner had asked the Registry to place the matter before the Presiding Officer, Debts Recovery Tribunal - III, Chennai. The Registry also passed an order to place it before the Presiding Officer to consider the aspect of maintainability on 10.04.2023. But, instead of placing it

before the Presiding Officer, the Assistant Registrar returned it back.

3. It would be appropriate if the Presiding Officer considers the issue of limitation/maintainability qua the stand of the petitioner.

4. In the light of that, we direct the concerned Registry to place the S.A. Diary No.433 of 2023 before the learned Presiding Officer, Debts Recovery Tribunal - III, Chennai. Learned Presiding Officer shall consider the stand of the petitioner and take a decision with regard to limitation/maintainability, on its own merits and in accordance with law.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently W.M.P.Nos.28329 and 28332 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 04.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Presiding Officer Debts Recovery Tribunal 3 Chennai.

2. The Registrar Debts Recovery Tribunal 3 Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 04.10.2023