M/S.Subash Agencies And Furniture v. Tamil Nadu Mercantile Bank Ltd (Tmb)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Subash Agencies and Furniture, Prop. P.Subash No.52 B 1, Durugam Road, Kallakurichi-606 202.

.. Petitioner vs 1.Tamil Nadu Mercantile Bank Ltd. (TMB), rep. by its Authorized Officer D.Saravanan Having its Salam Regional Office, No.105, Ramakrishna Road, 1st Floor ear ATC Dept, Salam-636 007.

2.The Authorized Officer, Tamil Nadu Mercantile Bank Ltd. (TMB) Registered office at:

57, VE. Road, Thoothukudi-628 002.

Branch Office at D.No.40F/10, Sri Balaji Lodge Building, Rajambal Nagar, Salem Main Road, Kallakurichi-606 202.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the first respondent in connection with Crl.M.P.No.8594 of 2023 order passed by the learned Chief Judicial Magistrate, Villupuram on 18.10.2023 and quash the same.

For the Petitioner : Mr.M.D.Thirunavukkarasu For the Respondents : Mr.V.Chandrasekaran

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.D.Thirunavukkarasu, learned counsel for the petitioner and Mr.V.Chandrasekaran, learned counsel for the respondents.

2. The petitioner has not deposited the entire amount as directed under the order dated 13.12.2023. The petitioner has deposited Rs.5.00 lakh and seeks further extension of time to deposit Rs.8.00 lakh.

3. On 13.12.2023, we had entertained the writ petition on the statement of learned counsel for the petitioner that the computer

server is not working in the Debts Recovery Tribunal, Chennai for the past 3 to 4 days and it was not possible to file matters before the Debts Recovery Tribunal.

4. Now the Debts Recovery Tribunal, Chennai is functioning.

5. In view of that, we dispose of the writ petition with liberty to the petitioner to avail the alternate remedy before the Debts Recovery Tribunal. All contentions are kept open. For a period of ten days from today status-quo as on today be maintained. It is made clear that on the lapse of ten days, the protection granted by this Court shall come to an end and the petitioner may seek necessary relief before the Debts Recovery Tribunal. There shall be no order as to costs. Consequently, W.M.P.Nos.34800 and 34804 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 03.01.2024 Index :

Yes/No Yes/No bbr

To 1.The Authorized Officer D.Saravanan Tamil Nadu Mercantile Bank Ltd. (TMB), Having its Salam Regional Office, No.105, Ramakrishna Road, 1st Floor ear ATC Dept, Salam-636 007.

2.The Authorized Officer, Tamil Nadu Mercantile Bank Ltd. (TMB) Registered office at:

57, VE. Road, Thoothukudi-628 002.

Branch Office at D.No.40F/10, Sri Balaji Lodge Building, Rajambal Nagar, Salem Main Road, Kallakurichi-606 202.

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

bbr 03.01.2024