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Madras High CourtWP/33482/2023disposed of

Raji Ramineni v. Tamil Nadu Mercantile Bank Ltd.,

2024-02-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Raja Ramineni : Petitioner versus 1.Tamil Nadu Mercantile Bank Ltd.

rep. By its Chief Manager, Pondy Bazar Branch, No.31, Theagarayar Road, Chennai 600017 2.The Recovery Officer-I Debts Recovery Tribunal No.III, Chennai, Shastri Bhavan, Nungambakkam, Chennai 3.M/s.Moolchand Finance Ltd., JVL Plaza, D.No.501, Anna Salai, Chennai 600018.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent herein to permit the petitioner to deposit a sum of Rs.15,97,711/- (Rupees Fifteen lakhs Ninety Seven Thousand Seven hundred and Eleven only) to the credit of Certificate Debtor No.17 in DRC No.122/2020 in OA No.434 of 2007 (the 18th defendant therein) on the file of the Debts Recovery Tribunal-II (presently DRT-III) Chennai.

For Petitioner :

Mr.K.Selvakumar For Respondent No.1 :

Mr.V.Chandrasekar

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Selvakumar, learned counsel for the petitioner and Mr.V.Chandrasekar, learned counsel for the first respondent.

2. Learned counsel for the petitioner submits that the Debts Recovery Tribunal, Chennai, has passed an order, thereby directing the petitioner to deposit an amount of Rs.5,05,605/-, along with interest, with the first respondent bank. Pursuant to the said order, the petitioner approached the first respondent to accept a sum of Rs.15,97,711/-, as per the order of the Debts Recovery Tribunal. However, the same is not accepted.

3. Learned counsel for the bank submits that similar application is filed by the petitioner before the Debts Recovery Tribunal, Chennai, and the same is pending.

4. The petitioner may prosecute his application with the Debts Recovery Tribunal, Chennai, where the application is said to be pending. The Debts Recovery Tribunal shall endeavour to decide the application expeditiously.

5. The writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 06.02.2024 Index : Yes/No : Yes/No tar To 1.The Chief Manager, Tamil Nadu Mercantile Bank Ltd.

Pondy Bazar Branch, No.31, Theagarayar Road, Chennai 600017 2.The Recovery Officer-I Debts Recovery Tribunal No.III, Chennai, Shastri Bhavan, Nungambakkam, Chennai

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

(tar) 06.02.2024