M/S.Khimji Poonja & Co. v. The Registrar, The Debt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.34104 of 2017 and W.M.P.No.37857 of 2017 M/s.Khimji Poonja & Co.

(A Partnership Firm established under The Indian Partnership Act) Door No.19/21, Dalal Street Fort Mumbai - 400 001 Rep. by its Partner Mr.Dilip Ajitsinh Mulani ... Petitioner v.

1 The Registrar The Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Circle Office 55 Ethiraj Salai, Chennai - 600 008 2 M/s. Industrial Development Bank of India No.115, Anna Salai, Saidapet Chennai 3 M/s.Sree Narayana Textiles (P) Ltd.

Visalakshinagar, Madurai - 625 401 4 Mr.L.Narayan Chettiar 5 Mr.N.Thiagarajan 6 Mr.N.Palaniappan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the Debts Recovery Appellate Tribunal, Chennai Passed in I.A.No.1712 of 2017 in A.I.R. 386 of 2017, dated 28.11.2017 and quash the same and direct the Debts Recovery Appellate Tribunal to hear A.I.R. 386 of 2017 without requiring the petitioner to make any deposit as contemplated under section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act,1993.

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For Petitioner :Mr.Thriyambak J.Kannan For Respondents :R1 - Tribunal Mr. J.Dev Eshwaar - for R2 for M/s.Sivakuamr & Suresh Mr.A.V.Arun - for R3 R4 - Deceased No appearance - for R5 & R6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioner as well as the Bank state that the matter has been settled and the loan account is closed.

2. In this view of the matter, this Writ Petition has become infructuous and is, accordingly, dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Rj To 1 The Registrar The Debt Recovery Appellate Tribunal 4th Floor, Indian Bank Circle Office 55 Ethiraj Salai, Chennai - 600 008 2 M/s. Industrial Development Bank of India No.115, Anna Salai, Saidapet, Chennai.

W.P. No.34104 of 2017 and W.M.P.No.37857 of 2017 br[co] srg 20/02/2019 https://hcservices.ecourts.gov.in/hcservices/