M/S.Mahalakshmi Transports v. Tamilnad Merchantile Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No. 39807 of 2024 And W.M.P.Nos. 43142 & 43143 of 2024 1.

M/s. Mahalakshmi Transports Proprietor A.Ravikumar S/o. Arunachalam, No.437/1, L & T, Bye Pass Road Near Noyyal Bridge, Irugur Post Coimbatore - 641 016.

2.

A.Ravikumar ... Petitioners ..Vs..

1.

Tamilnad Merchantile Bank Rep. By its the Authorised Officer D.No.327-329, Trichy Road Opposite to Sriram Hospital Singanallur - 641 005.

2.

Kanakaraj ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondent No.1 not to dispossess the writ mentioned property which is an extent of 998 sq.ft., situated at SF No. 227, Sowripalayam Village, Coimbatore Corporation, Coimbatore Taluk and District together wit building constructed there at bearing Door Nos. 75-76, Peelamedu

Main Road, Coimbatore pending disposal of S.A.No. 648/2024 and S.A.No. 896 of 2024 on the file of Debt Recovery Tribunal at Coimbatore.

*** For Petitioners :: Mr. M.Saravanakumar

ORDER

(Delivered by V. LAKSHMINARAYANAN, J.) The petitioners seek for a Writ of Mandamus not to dispossess from the properties situated at S.No. 227, Sowripalayam Village, Coimbatore Taluk and District pending disposal of S.A.Nos. 648 and 896 of 2024.

2. The plea of the petitioner is that as against the proceedings initiated under SARFAESI Act, the petitioners had preferred two Appeals before the Debt Recovery Tribunal at Coimbatore. Since there is no Presiding Officer, they have filed the present Writ Petition.

3. We are aware that the Debt Recovery Tribunal, Coimbatore, is being named by the Presiding Officer, traveling from Debt Recovery Tribunal, Madurai, it is for the petitioners to move the scheme for an interim order.

4.

The Writ Petition cannot be used as a stop gap attachment for obtaining interim orders in Appeals pending before the Debt Recovery Tribunal. Leaving it open to the petitioners to approach the Debt Recovery Tribunal by way of stay application, this Writ Petition stands dismissed. Consequently, connected Civil Miscellaneous Petitions stand closed. However, there shall be no order as to costs. (S.M.S.J.,) & (V.L.N.J.,) 27.12.2024 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order

S.M. SUBRAMANIAM , J.

And V. LAKSHMINARAYANAN, J.

vsg W.P.No. 39807 of 2024 And W.M.P.Nos. 43142 & 43143 of 2024 27.12.2024