Madras High CourtWP/29809/2017dismissed as settled out of court

C.V.Manicantan, v. State Bank Of India,

2019-01-22Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. Nos.29809 to 29813 of 2017 C.V.Manicantan .. Petitioner in all WPs -vsState Bank of India, DB Division, Coimbatore Main Branch, State Bank of India Road, Coimbatore - 641 018.

.. Respondent No.1 in all WPs C.V.Thirumalaivendran Gomathy S.Devaki .. Respondent Nos.2 to 4 in W.P.29809/2017 S.Devaki C.Saravanamuthu V.Balakrishnan V.Sakunthalamani S.Ashok Kumar .. Respondent Nos.2 to 6 in W.P.29810/2017 Thirumani Engineering Works, rep. by its Partner Gomathy, "Vasuki Illam", Asbestos Road, Podhanur, Coimbatore-641 023.

Gomathy T.Geetha C.V.Thirumalaivendan .. Respondent Nos.2 to 5 in W.P.29811/2017

C.V.Thirumalaivendan .. Respondent No.2 in W.P.29812/2017 S.Devaki C.Saravanamuthu .. Respondent Nos.2 and 3 in W.P.29813/2017 W.P.No.29809 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in M.A.No.136 of 2015 ordered on 04.10.2017 on the file of the Debt Recovery Appellate Tribunal, Chennai allowing the appeal filed by the 1st respondent Bank against the dismissal of Review Petition No. Nil in O.A.No.187 of 2004 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same as illegal.

W.P.No.29810 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in M.A.No.162 of 2012 ordered on 04.10.2017 on the file of the Debt Recovery Appellate Tribunal, Chennai allowing the appeal filed by the 1st respondent Bank against allowing of I.A.No.586 of 2011 in O.A.No.184 of 2004 on th file of the Debts Recovery Tribunal, Coimbatore and quash the same as illegal.

W.P.No.29811 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in M.A.No.135 of 2015 ordered on 04.10.2017 on the file of the Debt Recovery Appellate Tribunal, Chennai allowing the appeal filed by the 1st respondent Bank against the dismissal of Review Petition No. Nil in O.A.No.186 of 2004 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same as illegal.

W.P.No.29812 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in M.A.No.134 of 2015 ordered on 04.10.2017 on the file of the Debt Recovery Appellate Tribunal, Chennai allowing the appeal filed by the 1st respondent Bank against the dismissal of Review Petition No. Nil in O.A.No.185 of 2004 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same as illegal.

W.P.No.29813 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in M.A.No.133 of 2015 ordered on 04.10.2017 on the file of the Debt Recovery Appellate Tribunal, Chennai allowing the

appeal filed by the 1st respondent Bank against the dismissal of Review Petition No. Nil in O.A.No.184 of 2004 on the file of the Debts Recovery Tribunal, Coimbatore and quash the same as illegal.

For Petitioner in all WPs : Mr.G.L.Ramshankar For Respondents : Mr.S.Sethuraman for respondent No.1 in all WPs Mr.Tranquebar dorai Vasu for respondent No.1 in W.P.29809/2017;

respondent Nos.4 & 5 in W.P.29811 of 2017 and respondent No.2 in W.P.29812/2017 Mr.R.N.Amarnath for respondent Nos.5 & 6 in W.P.29810 of 2017 COMMON ORDER The learned counsel for the petitioner states that the matter has been settled with the first respondent Bank and the loan account is closed.

2. In view of the above, the writ petitions are dismissed as settled out of Court. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bbr To

1. State Bank of India, DB Division, Coimbatore Main Branch, State Bank of India Road, Coimbatore - 641 018.

2. The Debts Recovery Tribunal, Coimbatore 3.The Debt Recovery Appellate Tribunal, Chennai. +1cc to Mr.Tranquebar dorai Vasu, Advocate SR.No. 5107 W.P. Nos.29809 to 29813 of 2017 A.SK(05/02/2019)