M/S. Lakshaya Manamakil Mandram v. Cholamandalam Investment And Finance Company Limited,

in W.P.No.11761 of 2024 THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI ,J

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The present writ miscellaneous petition has been filed to recall the order dated 26.04.2024 passed in W.P.No.11761 of 2024 on the ground that the petitioner, being a lessee under the fourth respondent, is being affected by the steps taken by the first respondent against the fourth respondent.

2. Learned Senior Counsel for the first respondent strongly objected to the maintainability of this petition on the ground that the petitioner herein has filed an appeal under Section 17(4-A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal and he can very well agitate the same before the

Debts Recovery Tribunal.

3. According to learned Senior Counsel for the petitioner, the appeal filed by the petitioner is yet to be numbered and pending as Diary No.2585 of 2024 on the file of the Debts Recovery Tribunal II.

4. In such circumstances, we direct the Registrar of the Debts Recovery Tribunal II to number the appeal if the same is in order and list the same before the Presiding Officer for passing appropriate orders. The said exercise shall be undertaken within a period of one week from the date of receipt of a copy of this order. Till then, the respondents shall not take any coercive steps against the petitioner.

5. The writ miscellaneous petition stands disposed of accordingly.

(D.K.K., ACJ.) (P.B.B., J.) 13.09.2024 kpl D.KRISHNAKUMAR, ACJ,

AND P.B.BALAJI ,J.

(kpl) 13.09.2024