Madras High CourtWP/32539/2023disposed of

Minerva Automation v. The Presiding Officer

2023-11-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Minerva Automation Rep. by Proprietor Mr.P.R.Manoj S.F.No.491/3, Nallampalayam Maniyakarampalayam Road Ganapathy Post, Coimbatore - 641 006.

Petitioner Vs.

1. The Presiding Officer Debts Recovery Tribunal, Coimbatore 2nd and 3rd Floors, Jawan's Bhavan 27, T.B.Road, Coimbatore 641 018.

2. The Authorised Officer Canara Bank, 25/A, Marutham Towers Indira Nagar, MTP Road Kavundampalayam Branch Coimbatore - 641 030.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of declaration, directing or ordering that only one Securitisation Appeal could be filed relating to a loan transaction and the fee shall be based on the claim made in the Section 13(2) Demand Notice after deducting the repayments or recoveries made prior to filing and consequently declare that any subsequent measures taken by the respondent Bank will attract fee of only

Rs.200/- to challenge the subsequent measures by way of an IA or MA.

For the Petitioner : Mr.G.Ilamurugu

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.Ilamurugu, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that after filing of the petition, the Registrar of the Debts Recovery Tribunal has passed an order. As such, as far as the present matter is concerned, the issue would not survive. The petitioner may challenge the order passed by the Registrar through appropriate proceedings.

3. In the light of that, the writ petition stands disposed of. The petitioner shall challenge the order of the Registrar, as may be permissible under law. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 20.11.2023 Index :

Yes/No :

Yes/No

drm To

1. The Presiding Officer Debts Recovery Tribunal, Coimbatore 2nd and 3rd Floors, Jawan's Bhavan 27, T.B.Road, Coimbatore 641 018.

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

(drm) 20.11.2023