M/S.New Star Enterprises v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & W.M.P.Nos.33747 & 33746 of 2024

1. M/s. New Star Enterprises Rep. by its Proprietor Lakshmanan Muniyandi S/o. Lakshmanan Plot No.52, 4th Street Abirami Avenue, S.No.176/3A1C Kondungaiyur Village, Tondiarpet Chennai 600 118.

2. Jayalakshmi ..

Petitioners Vs.

1. Union of India Rep. by Secretary to Government Ministry of Finance Department of Banking Sanmadmurg, New Delhi.

2. The Registrar Debt Recovery Appellate Tribunal (DRAT) Shastri Bhavan, 7th Floor, Additional Haddows Road, Chennai 600 006.

3. IndiaBulls Housing Finance Ltd.

Having office at No.M62 & 63, First Floor Connaught Place New Delhi 110 001.

4. The Authorised Officer CFM Asset Reconstruction Pvt. Ltd.

Block No.A/1003, West Gate, Near YMCA Club SUR No.835/1+3, S.G.Highway Makarba Ahmedabad.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 2nd respondent to issue appropriate directions to dispose of AIR SA Diary No.1068 of 2024 on the file of Debt Recovery Appellate Tribunal, Chennai at an early date by the Chairperson-in-charge, Debt Recovery Appellate Tribunal, Chennai or any other Chairperson, Debt Recovery Appellate Tribunal functioning anywhere in India.

For Petitioners :

Mr.R.Thiagarajan For Respondents :

Mr.V.Ashok Kumar Central Government Standing Counsel for Respondent-1 Mr.T.Sai Krishnan for Respondents 3 & 4 Tribunal - Respondent-2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) At the time when the petition was filed, the Debt Recovery Appellate Tribunal was not functioning. Now that a President has been appointed and the Debt Recovery Appellate Tribunal is functioning, counsel seeks leave to withdraw the petition and states that he will pursue the appeal that is already filed and scheduled to be listed on 06.11.2024/07.11.2024.

2. Petition is dismissed. All rights and contentions kept open. We have not made any observation on the merits of the matter. There shall be no order as to costs. Consequently, W.M.P.No.33746 of 2024 filed to permit petitioners to join and file single writ petition is ordered and W.M.P.No.33747 of 2024 stands disposed of.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 04.11.2024 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary to Government Union of India Ministry of Finance Department of Banking Sanmadmurg, New Delhi.

2. The Registrar Debt Recovery Appellate Tribunal (DRAT) Shastri Bhavan, 7th Floor, Additional Haddows Road, Chennai 600 006.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) 04.11.2024