T.R.Vijayakumar v. The Authorised 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.30665 of 2022 T.R.Vijayakumar ..
Petitioner v.
1. The Authorized Officer Stressed Asset Management Branch 1112, Raja Plaza, Avinashi Road
2. The State Bank of India represented by its Deputy General Manager SAMB Coimbatore (16454) Raja Plaza, 1st Floor 1112, Avinashi Road
3. The Registrar Debts Recovery Tribunal 2nd and 3rd Floors, Jawan's Bhavan
27, T.B.Road Coimbatore 641 018 ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to issue the certified copy of the order in I.A.No.4212 of 2022 in S.A.No.992 of 2022 dated 31.10.2022 of the Hon'ble Debt Recovery Tribunal at Coimbatore, consequently forbear the respondents 1 and 2 of acting upon the proceedings in I.A.No.4212 of 2022 in S.A.No.992 of 2022 dated 31.10.2022 on the file of the Hon'ble Debt Recovery Tribunal at Coimbatore till the expiry of the limitation period in filing the appeal before the Hon'ble Debt Recovery Appellate Tribunal at Chennai.
For Petitioner ::
Mr.R.Selvakumar
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.T.R.Vijayakumar has filed this writ petition seeking for issuance of a mandamus directing the third respondent to issue the certified copy of the order in I.A.No.4212 of 2022 in S.A.No.992 of 2022 dated 31.10.2022 of the Hon'ble Debt Recovery Tribunal at Coimbatore and to consequently forbear the respondents 1 and 2 of acting upon the proceedings in I.A.No.4212 of 2022 in S.A.No.992 of 2022 dated 31.10.2022 on the file of the Hon'ble Debt Recovery Tribunal at Coimbatore, till the expiry of the
limitation period in filing the appeal before the Hon'ble Debt Recovery Appellate Tribunal at Chennai.
2. Learned counsel appearing for the petitioner submitted that although the first part of the prayer has become infructuous, since the petitioner has received the certified copy of the order passed in I.A.No.4212 of 2022 in S.A.No.992 of 2022 dated 31.10.2022, on 15.11.2022, he further argued that when the conditional order dated 31.10.2022 passed by the Tribunal, received by the petitioner on 15.11.2022, has directed the petitioner to comply with certain conditions within four weeks time i.e., on or before 29.11.2022, since two weeks is already over, the petitioner may be given time to avail the remedy of appeal before the Debts Recovery Appellate Tribunal.
3. But we are not inclined to entertain the writ petition for the reason that when the petitioner is still left with sufficient time to canvass his grievance before the Debts Recovery Appellate Tribunal, as against the
conditional order dated 31.10.2022 passed by the Debts Recovery Tribunal, Coimbatore in I.A.No.4212 of 2022 in S.A.No.992 of 2022, which has been received by the petitioner on 15.11.2022, it is for the petitioner to file an appeal before Debts Recovery Appellate Tribunal before the expiry of limitation period. In view thereof, the writ petition stands dismissed directing the petitioner to avail the effective and alternative remedy of appeal before the Debts Recovery Appellate Tribunal, if he is aggrieved by the aforementioned conditional order. Consequently, W.M.P.No.30100 of 2022 is 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 Stressed Asset Management Branch 1112, Raja Plaza, Avinashi Road
2. The Deputy General Manager SAMB Coimbatore (16454) Raja Plaza, 1st Floor 1112, Avinashi Road
3. The Registrar Debts Recovery Tribunal 2nd and 3rd Floors, Jawan's Bhavan 27, T.B.Road Coimbatore 641 018
THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
ss W.P.No.30665 of 2022 17.11.2022