Indian Bank, v. The Debts Recovery Appellate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.24333 of 2017 Indian Bank Authorised Officer Asset Recovery Management Branch Wellington Estate No.55, Ethiraj Salai Chennai - 600 008.

.. Petitioner Vs 1 The Debt Recovery Appellate Tribunal No.55, Ethiraj Salai Chennai - 600 008.

2 M/s.Parsn Medicinal Plants (P) Ltd.

Rep. by its Director Sujatha Centre No.4, Seshadri Road Alwarpet, Chennai - 600 024.

3 M/s.Coconut Groves Pvt. Ltd.

Rep. by its Director Sujatha Centre No.4, Seshadri Road Alwarpet, Chennai - 600 024.

4 San Diego Martin 5 The Debts Recovery Tribunal-III No.770A, Dewa Towers 5th Floor, Anna Salai Chennai - 600 002.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records pertaining to the order dated 21.08.2017 passed by the Debt Recovery Appellate Tribunal, Chennai, in M.A. (SA) No.63 of 2016 and quash the same.

For Petitioner : Mr.Jayesh B.Dolia for M/s.Aiyar and Dolia For Respondents : Mr.Sathish Parasaran Senior Counsel for Mr.T.K.M.Sai Krishnan for respondents 2 and 3 Mr.R.Srinivasan for 4th respondent

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) Mr.Jayesh B.Dolia, learned counsel for the petitioner and Mr.Sathish Parasaran, learned Senior Counsel appearing for respondents 2 and 3 submitted that in view of the order dated 21.12.2018 passed by this Court in W.P.No.14453 of 2017 [Parsn Medicinal Plants Pvt. Ltd. and another v. Indian Bank and others], the present writ petition may be allowed.

In view of the above submission made by the learned counsel on either side, the order dated 21.08.2017 passed by the Debt Recovery Appellate Tribunal, Chennai, in M.A. (SA) No.63 of 2016 is set aside and the writ petition is allowed. No costs. Consequently, W.M.P.Nos.25745 and 25746 of 2017 are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sasi To:

1 The Assistant Registrar Debt Recovery Appellate Tribunal No.55, Ethiraj Salai Chennai - 600 008.

2 The Assistant Registrar Debts Recovery Tribunal-III No.770A, Dewa Towers 5th Floor, Anna Salai Chennai - 600 002.

+1cc to M/s.Aiyar and Dolia, Advocate sr.64515 W.P.No.24333 of 2017 bs(co) nr 29/08/2019