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Madras High CourtWP/34785/2023dismissed

V.Althaf Tanning Company v. Canara Bank, Ambur Branch

2023-12-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Althaf Tanning Company rep. By its Proprietor Mr.V.Althaf Basha : Petitioner versus Canara Bank, Ambur Branch, rep. By its Authorized Officer, Nos.19 and 20, Kosa Street, Ambur, Vellore District 635 802 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent bank not to remove the machineries and other things installed in the properties comprised in New S.No.241/1 extent Hec.1.40 cents situated at Periyavarikkam Village, Ambur Taluk, Thirupathur District till the disposal of SA No.441/2023 pending on the file of the Debts Recovery Tribunal No.II, Chennai, on the basis of petitioner's reply notice dated 17.11.2023. For the Petitioner :

Mr.K.Anbu Manikandan Tamilsooriyan For the Respondent :

Mr.M.A.Abdul Wahab

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Anbu Manikandan Tamilsooriyan, learned counsel for the petitioner and Mr.M.A.Abdul Wahab, for the respondent.

2. The petitioner is challenging the order issued by the respondent bank to remove the belongings from the secured asset.

3. It is not disputed that the petitioner has filed a Securitisation Application before the Debts Recovery Tribunal and the same is pending. It is also not disputed that the Tribunal has passed orders directing the petitioner to deposit a certain amount. The said amount is not deposited. Appropriate relief could be claimed in the securitisation application. It is for the petitioner to move the Debts Recovery Tribunal in this regard.

4. The writ petition stands disposed of. There will be no order as to costs. Consequently, WMP Nos.34775 and 34776 of 2023 are closed. (S.V.G., CJ.) (D.B.C., J.) 14.12.2023

Index : Yes/No tar To The Authorized Officer, Canara Bank, Ambur Branch, Nos.19 and 20, Kosa Street, Ambur, Vellore District 635 802

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

(tar) 14.12.2023