M/S.Sararvana Global Products Llp v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.30605 of 2022 M/s Saravanaa Global Products LLP represented by its Partner Mr.P.S.Sudharsan S/o P.R.Sundarrajan S.F.No.263/2 Katchupalli Village Edapadi, Salem ..

Petitioner v.

The Authorized Officer Bank of India Star House No.324, Oppanakara Street Coimbatore 641 001 ..

Respondent Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to modify the order dated 18.10.2022 passed in S.A.No.971 of 2022 pending on the file of the learned Debts Recovery Tribunal, Coimbatore, consequently direct the Tribunal to

consider a sum of Rs.91,48,859/- paid by the petitioner to the respondent under OTS scheme.

For Petitioner ::

Mr.M.Selvam for Mr.A.M.Amutha Ganesh

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by M/s Saravanaa Global Products LLP represented by its partner Mr.P.S.Sudharsan seeking for issuance of a mandamus to modify the order dated 18.10.2022 passed by the learned Debts Recovery Tribunal, Coimbatore in S.A.No.971 of 2022 and to consequently direct the Tribunal to consider a sum of Rs.91,48,859/- paid by the petitioner to the respondent under OTS Scheme.

2. Heard the learned counsel appearing for the petitioner.

3. At the outset, the writ petition is not maintainable before this Court, since the petitioner has got an effective, statutory and alternative

remedy of appeal before the Debts Recovery Appellate Tribunal. In view thereof, the writ petition stands dismissed. It is for the petitioner to workout his remedy before the Debts Recovery Appellate Tribunal, if he is aggrieved by the impugned order. Consequently, W.M.P.Nos.30043 & 30044 of 2022 are also dismissed.

Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 17.11.2022 ss To

1. The Authorized Officer Bank of India Star House No.324, Oppanakara Street Coimbatore 641 001

THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.

ss W.P.No.30605 of 2022 17.11.2022