Madras High CourtWP/28211/2022disposed of

A.Subramanian v. The Debts Recovery Tribunal -1

2022-10-26Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR A.Subramanian .. Petitioner Vs 1.The Debts Recovery Tribunal-I, rep. by its Registrar, Nungambakkam, Behind Shashtri Bhavan, Chennai - 600 006.

2.The Authorised Officer, Indian Bank, Kallakurichi Branch, 52, Kutcherry Road, Kallakuruchi-606 202.

3.T.Gunasekaran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records pertaining to the impugned order dated 11.10.2022 in I.A.No.579 of 2022 in

S.A.No.197 of 2022 on the file of the first respondent and quash the same.

For the Petitioner : Mr.S.Parthasarathy Senior Counsel for M/s.KNS Law Chambers For the Respondents : Mr.V.Kadhirvelu for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition is directed against the order dated 11.10.2022 passed by the Debts Recovery Tribunal-I, Chennai in I.A.No.579 of 2022 in S.A.No.197 of 2022.

2. As against the order dated 11.10.2022 passed by the Debts Recovery Tribunal-I, Chennai in I.A.No.579 of 2022 in S.A.No.197 of 2022, an appeal will lie before the Debt Recovery Appellate Tribunal. Filing writ petition without availing the appellate remedy is not entertainable.

3. Accordingly, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.27508 and 27509 of 2022 are closed.

4. At this juncture, learned senior counsel for the petitioner has made a request before us to direct the Debts Recovery TribunalI, Chennai to take up S.A.No.197 of 2022 and dispose of the same. Accepting the aforesaid request made by learned senior counsel for the petitioner, the Debts Recovery Tribunal-I, Chennai is directed to take up S.A.No.197 of 2022 and dispose of the same as expeditiously as possible on merit and as per law. (T.R., ACJ.) (D.K.K., J.) 26.10.2022 Index : Yes/No bbr

To 1.The Registrar, Debts Recovery Tribunal-I, Nungambakkam, Behind Shashtri Bhavan, Chennai - 600 006.

2.The Authorised Officer, Indian Bank, Kallakurichi Branch, 52, Kutcherry Road, Kallakuruchi-606 202.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR, J.

bbr 26.10.2022