S.N.Saravana Muthukumar v. M/S.Hdfc Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI WP Nos.26415 and 26418 of 2024 Mr.N.Saravana Muthukumar ... Petitioner in both WPs versus 1.M/s.HDFC Bank Ltd, Represented by its Senior Manager 1st Floor, Chidambaram Complex, Kumaran Road, Tirupur-641 601.

2.The Registrar, Debt Recovery Tribunal, Jawan's Bhawan, 2nd & 3rd Floor, No.27, T.B.Road, Coimbatore -641 018. ...Respondents in both WPs PRAYER in WP Nos.26415 and 26418 of 2024: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the second respondent to take up and dispose the pending application in M.A.Nos.42 and 43 of 2024 in O.A.Nos.78 and 79 of 2011 on the file of Debts Recovery Tribunal, Coimbatore, within a time frame.

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For the Petitioner :Mr.G.Vijayakumar COMMON ORDER (Made by the Hon'ble Acting Chief Justice) These writ petitions are filed for a direction to the second respondent to dispose of the pending applications in M.A.Nos.42 and 43 of 2024 in O.A.Nos.78 and 79 of 2011 on the file of Debts Recovery Tribunal Coimbatore.

2. The petitioner has filed applications in MA.Nos.42 and 43 of 2024 to set aside the ex parte orders passed in OA.Nos.78 and 79 of 2011. The said applications are still pending before the Debts Recovery Tribunal, Coimbatore. Hence, he has filed the present writ petitions.

3. Considering the aforesaid prayer, without going into the merits of the case, we direct the Debts Recovery Tribunal, Coimbatore, to dispose of the applications in M.A.Nos.42 and 43 of 2024 in O.A.Nos.78 and 79 of 2/5

2011, as early as possible, within a period of four weeks, from the date of receipt of a copy of this order. In case, the Presiding Officer (in charge), Debts Recovery Tribunal, Coimbatore, is having any difficulty for disposing of the said applications, the said applications may be transferred to Madurai, Debts Recovery Tribunal. The Presiding Officer, Debts Recovery Tribunal, Madurai shall taken up the said applications and dispose of the same within the aforesaid time.

4. With the above directions, the writ petitions stand disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.28869 and 28873 of 2024 are closed.

(D.K.K., ACJ.) (P.B.B., J.) 12.09.2024 Index : Yes/No mrn 3/5

To 1.M/s.HDFC Bank Ltd, Represented by its Senior Manager 1st Floor, Chidambaram Complex, Kumaran Road, Tirupur-641 601.

2.The Registrar, Debt Recovery Tribunal, Jawan's Bhawan, 2nd & 3rd Floor, No.27, T.B.Road, Coimbatore -641 018.

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THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

(mrn) WP Nos.26415 and 26418 of 2024 12.09.2024 5/5