V.Iswarya, v. The Authorized Officer And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR V.Iswarya ..
Petitioner v.
1. The Authorized Officer and Chief Manager Indian Bank, Vadapalani Chennai 600 026
2. Mr.D.Viswanathan
3. The Registrar Debts Recovery Appellate Tribunal 4th Floor Indian Bank Circle Office Chennai 600 008 ..
Respondents Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records on the file of the 3rd respondent - The Registrar, Debts Recovery Appellate Tribunal, Chennai in RA (SA) No.70 of 2013 dated 13.07.2017, quash the same.
For Petitioner ::
Mr.D.Suresh For Respondents ::
Mr.B.Murugavel for R1 Mr.L.Chandrakumar for R2 R3-Tribunal
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has questioned the impugned order dated 13.07.2017 passed by the Debts Recovery Appellate Tribunal, Chennai in R.A.(SA) No.70 of 2013.
2. During the pendency of this writ petition, the petitioner and the second respondent, desirous of settling their dispute, have approached the National Lok Adalat organised by the High Court Legal Services Committee, Chennai and in the National Lok Adalat held on 13.08.2022, taking on record the memorandum of understanding entered into between the petitioner and the second respondent forming part and parcel of the proceedings, the National Lok Adalat has also passed an Award under Section 21 of Chapter VI of the Legal Services Authorities Act, 1987 on the said date.
3. The petitioner and the second respondent who are present before the Court along with their counsels, also submitted that they have settled the dispute upon entering into a memorandum of understanding as per the Award dated 13.08.2022 passed by the National Lok Adalat.
4. A perusal of the aforesaid Award shows that the property of the petitioner was auctioned and the second respondent became the successful purchaser. Thereafter, when a dispute arose, the petitioner and the second respondent had settled the dispute and the petitioner also made it clear that she did not want to challenge the auction conducted by the first respondent Bank and finally requested for withdrawal of the writ petition and made an endorsement to that effect. Based on the memorandum of understanding entered between the petitioner and the second respondent, the Award came to be passed.
5. Since the petitioner and the second respondent have amicably settled
the dispute upon the terms agreed to between them in the memorandum of understanding, recording the Award dated 13.08.2022 passed by the National Lok Adalat, the writ petition stands disposed of. Consequently, W.M.P.Nos.33621 & 33622 of 2017 are closed. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 11.10.2022 ss To
1. The Authorized Officer and Chief Manager Indian Bank Vadapalani Chennai 600 026
2. The Registrar Debts Recovery Appellate Tribunal 4th Floor Indian Bank Circle Office Chennai 600 008
THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
ss 11.10.2022