T.C.Varghese v. M/S.India Bulls Housing Finance Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.32938 of 2018 and W.M.P.Nos.38174 of 2018 & 1074 of 2019 T.C.Varghese .. Petitioner v.

1 M/s.India Bulls Housing Finance Limited M-62 and 63 First Floor Cannaught Place, New Delhi Corporate office ""India Bulls House"

No.448-451, Udyog Vihar Phase V.Gurgaon Rep. its Authorized Officer 2 The Authorised Officer India bulls Housing Finance Limited M-62 & 63 First Floor Cannaught Place, New Delhi Corporate office ""India Bulls House"

No.448-451, Udyog Vihar Phase V.Gurgaon 3 Mr.Chaco Paul Joys Resorts and Hotels Deedi Buildings Kaimanam Post Thiruvananthapuram - 40 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, calling for the records pertaining to the impugned order 14.11.2018 passed in I.A.No.767 of 2018 in A.I.R.No.414 of 2018 from the files of the debts Recovery Appellate, Tribunal, Chennai. and to quash the same.

For Petitioners : Mr.R.Umasuthan For Respondents : Mr.T.Saikrishnan- for R1 Not Ready in Notice - R2 & R3

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition as Public Interest Litigation to issue a Writ of Certiorari to call for the records pertaining to the impugned order 14.11.2018 passed in I.A.No.767 of 2018 in A.I.R. No.414 of 2018 on the file of the Debts Recovery Appellate Tribunal, Chennai and to quash the same.

2. When the matter came up for admission on 11.12.2018, the learned counsel appearing for the petitioner submitted that instead of going into the merits of the matter, it would be suffice to grant four weeks' time to the petitioner to comply with the order passed by the Debt Recovery Appellate Tribunal, Chennai. Recording the submission made by the learned counsel appearing for the petitioner, we have ordered notice to the respondents and the matter has been listed today.

3. Now, the petitioner has filed a Miscellaneous Petition in W.M.P.No.1074 of 2019 for extending the time by eight weeks for complying with the order dated 14.11.2018.

4. The learned counsel appearing for the 1st respondent submitted that the petitioner may be granted four weeks time to comply with the order dated 14.11.2018 for which, learned counsel for the petitioner is also agreeable.

5. In view of the submissions made by the learned counsel on either side, we grant four weeks time to the petitioner to deposit the entire amount as per the order dated 14.11.2018 passed by the Debt Recovery Appellate Tribunal. With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Rj

To The Debts Recovery Appellate Tribunal Chennai +1cc to Mr.T.Saikrishnan, Advocate, S.R.No.2875 +1cc to Mr.R.Umasuthan, Advocate, S.R.No.3073 W.P. No.32938 of 2018 and W.M.P.Nos.38174 of 2018 & 1074 of 2019 AD(Co) CS/11/02/2019