The Authorised Officer v. M/S.Viswam Weaving,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN The Authorised Officer, Union Bank of India, Asset Recovery Branch, P.B No.8, 235, Oppanakkara Street, Coimbatore 641 001 : Petitioner versus 1.M/s.Viswam Weaving, rep. By its Prop.Mrs.P.Tamilarasi, 3/134J, Thattan Thottam, Sivamurugan Nagar, Ganeshapuram, S.S.Kulam (Via) Coimbatore 2.P.Tamilarasi 3.D.Ravi Kumar 4.D.Sagunthala : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the DRT, Madurai to expeditiously hear and dispose of SA No.808 of 2024, transferred from DRT, Coimbatore, within a time-frame.
For Petitioner :
Ms.Ananda Gomathy
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The secured creditor has filed this petition under an extraordinary circumstance that the securitisation application filed by the borrower before the jurisdictional Debts Recovery Tribunal (for short, 'the DRT') had to be transferred to DRT, Madurai because of unavoidable circumstances and since then, the matter is pending registration. But the borrower, taking undue advantage of the situation, is altering the construction and changing the existing building, which forms part of the secured asset, which has already been sold by way of auction and in respect of which, sale certificate has also been issued. Prayer has been made to direct the DRT, Madurai, to hear the case at the earliest.
2. We direct DRT, Madurai, to proceed to hear the securitisation application transferred to it from DRT, Coimbatore, at the earliest, taking into consideration the allegation that the borrower is attempting to alter/demolish the existing structure. We also permit the petitioner to submit an application seeking appropriate interim direction from the DRT, Madurai. For a period of thirty days from today, all the parties,
including the petitioner and the respondents, shall maintain status quo.
3. We make it clear that we have not expressed any opinion on the merits, but only in order to protect and preserve the subject matter of the dispute, an order of limited nature of maintaining status quo is being passed without issuing notice to the respondents. The petitioner shall do well to submit an application seeking stay within a period of two weeks from today before the DRT, Madurai, along with a copy of this order, which is being passed.
4. It will be open for the respondents herein to take such grounds to oppose the petitioner's prayer, as may be available to them under the law.
5. The petition stands disposed of. There will be no order as to costs. Consequently, WMP No.46117 of 2025 is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 30.10.2025 tar
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) To 1.The Debts Recovery Tribunal, Madurai 30.10.2025