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Madras High CourtCRP/3572/2023disposed of

M/S. Sri Gayathri Kitchens Pvt Ltd v. The Manager

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. M/s. Sri Gayathri Kitchens (P) Ltd.

Rep. by its Director K.V.L.Narasimha Rao No.290/3, Sri Balaji Nagar Mudichur Village, Tambaram Chennai 600 045.

2. R.Preetha ..

Petitioners Vs.

1. The Manager Indian Bank Nungambakkam Branch No.9, 7th Cross Street, Lake Area Nungambakkam Chennai 600 034.

2. J.Rajan

3. Revathi ..

Respondents

Prayer: Petition filed under Article 227 of the Constitution of India seeking to set aside the order dated 18.07.2018 made in S.A.No.101 of 2017 on the file of Debts Recovery Tribunal I, Chennai. For the Petitioners : Mr.Gowthaman Senior Counsel for Ms.S.Karpagapriya

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.Gowthaman, learned Senior Counsel for Ms.S.Karpagapriya, learned counsel for the petitioners.

2. The order impugned is passed by the Debts Recovery Tribunal. The petitioners have a remedy of statutory appeal under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3. In view of the remedy of statutory appeal, we are not inclined to entertain the revision petition. The petitioners are at liberty to avail the remedy as may be permissible under law. In that event, all

contentions are left open. It is for the petitioners to seek the benefit of Section 14 of the Limitation Act, which, the appellate authority may consider on its own merits.

4. The civil revision petition is disposed of. Consequently, C.M.P.No.22352 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :

Yes/No :

Yes/No kpl To

1. The Manager Indian Bank Nungambakkam Branch No.9, 7th Cross Street, Lake Area Nungambakkam Chennai 600 034.

2. The Registrar Debts Recovery Tribunal I Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 03.10.2023