D.Murugesan v. Indian Overseas Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Murugesan ..

Petitioner Vs.

1. Indian Overseas Bank Thanjavur Main Branch Rep. by its Chief Manager/Authorized Officer T.S.No.1604, South Main Road Thanjavur - 613 009.

2. Saroja

3. Vinod ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the impugned order dated 08.08.2023 in TSA.No.141 of 2022 by the Debts Recovery Tribunal - II, Chennai and quash the same and consequently direct the first respondent to regularize the housing loan account of the petitioner.

For the Petitioner : Mr.P.Edin Brough

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Edin Brough, learned counsel for the petitioner.

2. The petitioner is assailing the order passed by the Debts Recovery Tribunal - II, Chennai.

3. Substantive appeal is provided before the Debt Recovery Appellate Tribunal against the order of the Debts Recovery Tribunal. The petitioner may avail the said remedy, as may be permissible under law. In that regard, all contentions are kept open.

4. It is for the petitioner to make necessary submissions with regard to the availability of the benefit under Section 14 of the Limitation Act, 1963 or otherwise.

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.31464 and 31465 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 07.11.2023 Index :

Yes/No :

Yes/No drm

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

(drm) 07.11.2023