V.Padmavathy v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 24-10-2016
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE N.AUTHINATHAN WRIT PETITION No.34939 of 2016 and WMP No.30080 of 2016 Mrs.V.Padmavathy ...
Petitioner -vs1.The State Bank of India represented by its City Case Officer Stressed Assets Management Branch No.32, Montieth Road, Egmore Chennai - 600 008 2.The Recovery Officer - II Debts Recovery Tribunal - I 6th Floor, Deva Towers, 770-A, Anna Salai Chennai - 600 002 3.A.Vinod Kumar 4.The Presiding Officer Debts Recovery Tribunal - I 6th Floor, Deva Towers 770-A, Anna Salai Chennai - 600 002 ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari or any other order in the nature of writ calling for the records of the fourth respondent pertaining to the order dated 15.07.2016 in Appeal No.1 of 2015 and quash the same.
For Petitioner : Mr.L.Chandrakumar for Mr.H.Manojin For respondents: Mr.Sivakumar for R1 R2 & R4 Tribunal
ORDER
(delivered by S.MANIKUMAR, J.) When, Debts Recovery Appellate Tribunal, Chennai, was not functioning, an order made in Appeal No.1 of 2015 dated 15.07.2016, passed by the Debts Recovery Tribunal-I, Chennai, has been challenged under Article 226 of the Constitution of India.
2. Going through the material on record shows that, while ordering notice of motion on 03.10.2016, returnable by 20.10.2016, this court, ordered that there shall be an order of interim injunction restraining the respondents, its men, agents, servants or any one authorised by the second respondent from taking actual possession of the secured asset, till 20.10.2016. We directed the matter to be listed on 17.10.2016. On which date, interim order was extended.
3. Mr.Sivakumar, learned counsel for the respondent-bank submitted that, on 20.10.2016, the day on which, the writ petition came up for hearing, vakalat has been filed on behalf of the first respondent. He further submitted that, now that the Debts Recovery Appellate Tribunal, Chennai, has become functional, a statutory appeal has to be filed.
4. Mr.L.Chandrakumar, learned counsel representing Mr.H.Manojin, learned counsel on record for the petitioner, acknowledges the said submission. But, however, prays for an interim protection from this court, till appropriate orders are passed by the Debts Recovery Appellate Tribunal, Chennai, as regards possession.
5. In the light of the submission of the learned counsel appearing for both parties, that there is an effective and alternative remedy, we dispose of the instant writ petition, reserving the right of the petitioner, to file a statutory appeal before the Debts Recovery Appellate Tribunal, Chennai, as against the order made in Appeal No.1/2015 dated 15.07.2016 on the file of the Debts Recovery Tribunal-I, Chennai. While entertaining the appeal, the Tribunal shall take note of the interim orders passed by this court and on the materials placed, pass suitable orders.
Writ petition is disposed of accordingly. However there shall be no order as to cost. Consequently, the connected writ miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Presiding Officer Debts Recovery Tribunal - I 6th Floor, Deva Towers 770-A, Anna Salai Chennai - 600 002.
2.The Recovery Officer - II Debts Recovery Tribunal - I 6th Floor, Deva Towers, 770-A, Anna Salai Chennai - 600 002 +1cc to M/S.Shivakumar & Suresh, Advocate Sr.60360 +1cc to Mr.H.Manoji, Advocate Sr.60429 W.P.No.34939 of 2016 kji[co] srg 24/10/2016