M/S.Jai Mata Agro Industries v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Jai Mata Agro Industries Rep. by its Partner, Mr.Ashok Kumar Bharadwaj No.28A and B, L.G.Nagar, Meena Estate, Coimbatore 641 028.

.. Petitioner -vs1. The Registrar, Debt Recovery Appellate Tribunal, Chennai.

2. M/s.U.V.Assets Reconstruction Company Ltd., Rep. by its Authorized Officer, 1304, 13th Floor, Chirajv Tower, 34, Nehru Place, New Delhi 110 019.

3. Seva Roller Flour Mills Proprietorship Firm, Rep. by its Proprietor, M.Prashanth.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order dated 03.03.2023 passed by the 1st Respondent in AIR(SA) 425/2022 and to quash the same and consequently direct the 1st Respondent to number the appeal in AIR(SA) 425/2022 within a time limit as fixed by this Court.

For the Petitioner :

Mr.V.Vasanthakumar for Mr.R.Syed Mustafa For the Respondents :

R-1 Tribunal :

Mr.P.S.Ganesh for R-2 :

No appearance for R-3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Vasanthakumar, learned counsel for the petitioner and Mr.P.S.Ganesh, learned counsel for respondent No.2.

2. The learned counsel for the petitioner submits that the petitioner has subsequently filed a Chamber Appeal against the order impugned in the present writ petition.

3. As the petitioner has already filed a Chamber Appeal, the present petition now would not be tenable. The petitioner may prosecute the Chamber Appeal as may be permissible under law.

The writ petition as such is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index : Yes/No : Yes/No sra To

1. The Registrar, Debt Recovery Appellate Tribunal, Chennai.

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

(sra) 01.02.2024