Yes Bank Ltd v. Seshraj Apparels Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY C.R.P. (PD) No.4035 of 2018 Yes Bank Limited, rep. by its Authorized Signatory E.Mohanraj, having its registered office at 9th Floor, Nehru Center, Discovery of India Building, Dr.Annie Besant Road, Worli, Mumbai - 400 018.

Having its Branch office at 694/A-1, Avinashi Road, Manchester Krsna, Coimbatore-641 018.

.. Petitioner -vs1.Seshraj Apparels Private Limited, rep. by its Authorized Signatory A.L.Ramachandra, 10/400, Palghat Main Road, Kuniamuthur, Coimbatore - 641 018.

2.Sadhana Dega 3.Shanthakumari Jagannathan 4.A.L.Ramachandra 5.Jayanthi Ramachandra 6.Mani Rajagopal .. Respondents Revision Petition filed under Article 227 of the Constitution of

India to direct the Debts Recovery Tribunal at Coimbatore to dispose of O.A.No.251 of 2016 and all the Interim Applications pending there under finally within a specific time period as may be fixed by this Hon'ble Court, preferably 1 (one) month from the date of disposal of this petition.

For Petitioner :

Mr.H.Karthik Seshadri

O R D E R

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Civil Revision Petition to direct the Debts Recovery Tribunal, Coimbatore to dispose of the Original Application in O.A.No.251 of 2016 and the connected applications within a time frame.

2. The learned counsel appearing for the petitioner submitted that though the petitioner has filed the Original Application as early as in the year 2016, the Debts Recovery Tribunal, Coimbatore has not disposed of the same. That apart, the learned counsel for the petitioner submitted that in the Original Application, the defendants were set ex parte and an application was filed by the defendants to set aside the ex parte order passed against them.

3. In view of the submissions made by the learned counsel for

the petitioner and taking into consideration the limited prayer sought for in this Civil Revision Petition, without going into the merits of the case, we direct the Debts Recovery Tribunal, Coimbatore to dispose of the application filed by the defendants to set aside the ex parte order within a period of six weeks from the date of receipt of a copy of this order. After deciding the application to set aside the ex parte order, the Debts Recovery Tribunal, Coimbatore shall decide the Original Application in O.A.No.251 of 2016 in accordance with law as expeditiously as possible.

4. With these observations, the Civil Revision Petition is disposed of. No costs.

(Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE) (M.DURAISWAMY) 12.12.2018 Index : Yes/No Website : Yes/No bbr To The Debts Recovery Tribunal, Coimbatore.

The Hon'ble Mrs.V.K.TAHILRAMANI CHIEF JUSTICE AND M.DURAISWAMY bbr C.R.P.(PD) No.4035 of 2018 12.12.2018