M/S.Digital Accelarator Limited v. The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR M/s.Digital Accelator Limited (Formerly Marg Realities Limited) rep. by its Authorised Signatory K.S.Gajendra Babu, 57/2B, Sai Subodhaya Apartments, East Coast Road, Thiruvanmiyur, Chennai-600 041.

.. Petitioner Vs 1.The Recovery Officer, Debts Recovery Tribunal-III, 6th Floor, Additional Office Building, Shastri Bhavan, Haddown Road, Nungambakkam, Chennai-600 006.

2.M/s.ICICI Bank Limited, rep. by its Chief Manager, No.1, Cenatoph Road, Teynampet, Chennai-600 018.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to verify the claim of the second respondent by taking into account

the all payments including the garnishee payments while proceeding in its recovery actions in T.R.C.No.50 of 2022. For the Petitioner : Mr.G.Rajkumar For the Respondents : Mr.Om Prakash Senior Counsel for M/s.Ramalingam Associates for respondent No.2 : R1 - Tribunal

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) M/s.Digital Accelator Limited has filed the instant writ petition for issuance of a writ of mandamus directing the first respondent to verify the claim of the second respondent by taking into account all the payments, including the garnishee payments, while proceeding with the recovery actions in T.R.C.No.50 of 2022.

2. Mr.Om Prakash, learned senior counsel appearing for the second respondent bank, fairly submitted that the second respondent bank has no hesitation in providing the computer generated account

details showing what was the amount paid by the petitioner, inclusive of the payments made by the garnishee, and also the balance amount payable by the petitioner to the Recovery Officer.

3. In view of the fair submission made by learned senior counsel for the second respondent, we hereby direct the second respondent bank to furnish the computer generated account details of the petitioner, including the payments made by the garnishee, to the Recovery Officer of the Debts Recovery Tribunal-III, Chennai, within a period one week from the date of receipt of a copy of this order. On receipt of the said details, the Recovery Officer shall proceed further in this matter.

With the above observation, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.30667 of 2022 is closed.

(T.R., ACJ.) (D.K.K., J.) 01.12.2022 Index : Yes/No bbr

To:

1.The Recovery Officer, Debts Recovery Tribunal-III, 6th Floor, Additional Office Building, Shastri Bhavan, Haddown Road, Nungambakkam, Chennai-600 006.

2.M/s.ICICI Bank Limited, rep. by its Chief Manager, No.1, Cenatoph Road, Teynampet, Chennai-600 018.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

bbr 01.12.2022