Madras High CourtCRP/1126/2017disposed of in memo of compromise

S. Rangarajan v. The Authorised Officer

2019-02-15Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD) Nos.1126, 1127, 2700 of 2017 and W.P.No.3457 and 4302 of 2019 C.R.P. (NPD) No.1126 of 2017 1.S.Rangarajan 2.S.Vasudevan Petitioners vs 1.The Authorised Officer, 1st Floor, Khivraj Building, 2.M.Saravanan 3.S.Brito 4.E.Sri Ramanatha Phaneendra 5.E.Srinivasa Phaneendra 6.L.Bharani Kumar (Respondent No.6 impleaded as per order dt. 27.11.2017 in C.M.P.No.18283 of 2017) C.R.P. (NPD) No.1127 of 2017 1.Shanthi Rangarajan 2.G.Pankajavalli 3.Rukmani (died) 4.S.Rangarajan 5.S.Gopalan 6.Booma Saranathan 7.S.Vasudevan

(2) 8.S.Lakshmi Petitioners (Petitioners 4 to 8 brought on record as LRs of deceased 3rd petitioner vide order dated 29.01.2019 in C.M.P.No.2199 of 2019) vs 1.The Authorised Officer, 1st Floor, Khivraj Building, 2.M.Saravanan 3.P.Subramanian 4.Bharani Kumar C.R.P. (NPD) No.2700 of 2017 1.E.Sri Ramanatha Phaneendra 2.E.Srinivasa Phaneendra Petitioners vs 1.The Authorised Officer, 1st Floor, Khivraj Building, 2.Rangarajan 3.S.Vasudevan 4.M.Saravanan 5.S.Britto 6.The Registrar, Debt Recovery Appellate Tribunal, Ethiraj Salai, Egmore, Chennai - 600 008.

W.P.No.3457 of 2019

(3) P.Subramanian Petitioner vs 1.The Chairperson, Debts Recovery Appellate Tribunal Chennai, 4th Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai - 600 008.

2.The President Officer, Debts Recovery Tribunal-1, VI Floor, Dewa Towers, 660-A, Anna Salai, Chennai - 600 002.

3.The Authorised Officer, 1st Khivraj Building, 4.Shanti Rangarajan 5.G.Pankajavalli 6.S.Rangarajan 7.M.Saravanan 8.L.Bharani Kumar W.P.No.4302 of 2019 L.Bharanikumar Petitioner vs 1.The Chairperson, Debts Recovery Appellate Tribunal Chennai, 4th Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai - 600 008.

2.The President Officer, Debts Recovery Tribunal-1,

(4) VI Floor, Dewa Towers, 660-A, Anna Salai, Chennai - 600 002.

3.The Authorised Officer, 1st Khivraj Building, 4.G.Pankajavalli 5.S.Vasudevan Revision No.1126 of 2017 filed under Article 227 of the Constitution of India against the order dated 28.11.2016 in R.A.(SA) No.108 of 2014 on the file of the Debt Recovery Appellate Tribunal, Chennai. Revision No.1127 of 2017 filed under Article 227 of the Constitution of India against the order dated 28.11.2016 in R.A.(SA) No.107 of 2014 on the file of the Debt Recovery Appellate Tribunal, Chennai. Revision No.2700 of 2017 filed under Article 227 of the Constitution of India against the order dated 29.11.2016 in R.A.(SA) No.108 of 2014 in S.A.No.329 of 2007 on the file of the Debt Recovery Appellate Tribunal, Chennai.

W.P.No.3457 of 2019 filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the first respondent, the Debt Recovery Appellate Tribunal, Chennai in RA (SA) No.107 of 2014 and quash its order dated 29.11.2016. W.P.No.4302 of 2019 filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the first respondent, the Debt Recovery Appellate Tribunal, Chennai in RA (SA) Nos.107 and 108 of 2014 and quash its order dated 29.11.2016.

(5) For Petitioners in CRP.1126 and 1127/2017;

4th respondent in WP.4302/2019 and respondents 4 to 6 in WP.3457/2019 : Mr.B.Thilak Narayanan For 1st respondent in CRP.1126/2017, 1127/2017 and 2700/2017; and for 3rd respondent in WPs.4302 and 3457/2019 : Mr.P.B.Sampath Kumar For respondents 4 to 6 in CRP.1126/2017 and 4th respondent in CRP.1127/2017 and petitioner in CRP.

2700/2017 and petitioner in WP.4302/2019 : Mr.S.Udayakumar 2nd respondent in CRP.1126/2017 and CRP.1127/2017 died Not ready in notice for 3rd respondent in CRP.1126/2017 For 3rd respondent in CRP.1127/2017 and petitioner in WP.3457/2019 : Mr.S.Haroon Al Rasheed for T.S.Gopalan and Co.

No appearance for respondents 2, 3 and 5 in CRP.2700/2017 4th respondent in CRP.2700/2017 given up.

(6)

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard the learned counsel for the petitioners and the learned counsel for the respondents, including the learned counsel for the respondent bank.

2. The borrowers and auction purchasers have entered into a compromise and they have tendered a Memorandum of Settlement dated 15.2.2019, which is taken on record.

3. The respondent bank has also filed a memo in which it is stated that the bank has been served with the Memorandum of Settlement entered into between the borrowers and the auction purchasers and the respondent bank has no objection for the compromise submitted before this Court.

4. In view of the above, these petitions are disposed of in terms of the Memorandum of Compromise entered between the borrowers and the auction purchasers. It is made clear that neither the borrowers nor the auction purchasers shall raise any claim against the respondent bank in respect of the private sale made by the them. The

(7) Memorandum of Compromise shall form part and parcel of the present proceedings. No costs. Consequently, C.M.P.No.12873, 5405, 5406 of 2017 and W.M.P.Nos.3756, 4840 and 4844 of 2019 are closed. (V.K.T., CJ.) (M.D., J.) 15.02.2019 Index :

No sasi To:

1.The Registrar, Debt Recovery Appellate Tribunal, Ethiraj Salai, Egmore, Chennai - 600 008.

2.The Chairperson, Debts Recovery Appellate Tribunal Chennai, 4th Floor, Indian Bank Circle Office, 55, Ethiraj Salai, Chennai - 600 008.

3.The President Officer, Debts Recovery Tribunal-1, VI Floor, Dewa Towers, 660-A, Anna Salai, Chennai - 600 002.

(8) THE HON'BLE CHIEF JUSTICE AND M.DURAISWAMY,J.

(sasi) C.R.P.(NPD) Nos.1126, 1127, 2700 of 2017 and W.P.No.3457 and 4302 of 2019 15.2.2019