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Madras High CourtCRP/4357/2022disposed of

Ambujam Kalavathy v. State Bank Of India

2023-10-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023 CORAM :

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

1. Ambujam Kalavathy

2. P.R.Shanmugam .. Petitioners

Versus

1. State Bank of India (Formerly State Bank of Travancore), Alwarpet Branch, No.4/1, Eldams Road, Bala Vinayakar Building, Teynampet, Chennai - 600 018.

2. M/s.Sri Ramani Resorts and Hostels Pvt. Ltd., Rep. by its Director, P.R.Shanrnugam .. Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order, dated 09.12.2022 passed by the Recovery Officer, DRT-3, Chennai dismissing M.A.No.113 of 2022 and allowed M.A.No.113 of 2022 filed in T.R.C.No.42 of 2022 in D.R.C.No.437 of 2019 in O.A.No.242 of 2017.

For Petitioners : Mr.N.L.Rajah, Senior Counsel for Mr.B.Hari Krishnan For Respondents : Mr.K.Chandrasekaran, for R1 1/4

: R2 - vacated

ORDER

(Order delivered by the Hon'ble Chief Justice) Heard Mr.N.L.Rajah, learned Senior Counsel for Mr.B.Hari Krishnan, learned Counsel for the petitioners and Mr.K.Chandrasekaran, learned Counsel for the first respondent.

2. The learned Counsel for the first respondent submits that the order assailed in the present Civil Revision Petition is appealable before the presiding officer of the Debts Recovery Tribunal, Chennai.

3. In view of that, we are not inclined to entertain the petition. The petitioners may file an appeal as may be permissible under law.

4. This Civil Revision Petition is disposed of. There will be no order as to costs. Consequently, C.M.P.No.22930 of 2022 is closed. (S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index : yes/no 2/4

Speaking order/Non-speaking order : yes/no grs To

1. The State Bank of India (Formerly State Bank of Travancore), Alwarpet Branch, No.4/1, Eldams Road, Bala Vinayakar Building, Teynampet, Chennai - 600 018.

2. The Registrar, Debts Recovery Tribunal - III, Chennai.

3/4

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

grs 09.10.2023 4/4