Madras High CourtWP/26734/2023disposed of

P.Radhakrishnan v. The Registrar,

2023-10-04Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2023 CORAM :

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

Petitioner Vs 1.The Registrar, Debts Recovery Tribunal, Coimbatore.

2.The Union Bank of India, rep. by its Manager, Coimbatore Main Oppanakara Street Branch, Coimbatore.

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent to pass orders on the full satisfaction memo filed by the petitioner in MA 116 of 2023 in DRC 47 of 2006 in Transfer Application 1427 of 2022 on the file of the first respondent.

For the Petitioner : Mr.Govind Chandrasekar For the Respondents : Mr.Bhagavath Krishnan for respondent No.2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Govind Chandrasekar, learned counsel for the petitioner and Mr.Bhagavath Krishnan, learned counsel for the second respondent.

2. It is submitted by learned counsel for the petitioner that the entire amount has been paid by the petitioner. A memo is filed by the petitioner in M.A.No.116 of 2023 recording full satisfaction. However, orders are not passed by the Presiding Officer.

3. Learned counsel for the second respondent/bank admits that the bank has received the entire amount from the petitioner in full and final satisfaction of the claim.

4. In the light of that, the parties may appear before the Presiding Officer/Recovery Officer, as the case may be, on 11.10.2023. The Presiding Officer/Recovery Officer shall pass order

with regard to full satisfaction expeditiously, preferably within one month from the date of appearance of the petitioner and the second respondent/bank.

The writ petition is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 04.10.2023 Index :

No No sasi To:

1.The Registrar, Debts Recovery Tribunal, Coimbatore.

2.The Manager, Union Bank of India, Coimbatore Main Oppanakara Street Branch, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 04.10.2023