M/S. Subburaman Traders v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.752 of 2023 and W.M.P(MD)Nos.741, 744 and 747 of 2023 M/s.Subburaman Traders, Rep. by its Partner, Shri.V.S.Ganesan, No.81, Madurai Road, Dindigul - 624 002.

... Petitioner Vs.

1. The Authorized Officer, Bajaj Finance Limited, (Bajaj Finserv), Corporate Office at 3rd Floor, Panchshil Tech Park Viman Nagar, Pune, Maharashtra, India 411 014..

2. Bajaj Finance Limited (Bajaj,Finserv), Rep. by its Branch Manager, Branch Office at Above HDFC Bank, SS Tower, No. 78/4, 3rd Floor, Bypass Road, Ponmeni, Madurai 625 016.

3. Bajaj Finance Limited, Rep. by its Authorized Officer, No. 83C, 1st Floor, TNPK Building, Thadikombu Road, Dindigul 624 001.

4. The Debts Recovery Tribunal,- Madurai, Rep. by the Registrar, III and IV Floor, Kalyani Towers, 4/162, Madurai - Melur Road, (Near Meenakshi Mission Hospital), Uthangudi Post, Madurai - 625 107.

5. The Debt Recovery Appellate, Tribunal (Drat), Rep by the Registrar, 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Chennai 600 006. .... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the Impugned Order dated 18.11.2022 made in I.A.No.1593 of 2022 in S.A.No.588 of 2021 on the file of the 4th respondent herein insofar as it directs the petitioner to make payment of sum of Rs.15.00 lakhs each in two installments. For Petitioner :Mr.V.Veerapandian for M/s.Vast Law Associates For R-1 to R-3 :Mr.I.Sudhakaran, Standing Counsel

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition, challenging the Impugned Order, dated 18.11.2022, made in I.A.No.1593 of 2022 in S.A.No.588 of 2021 on the file of the 4th respondent herein insofar as it directs the petitioner to make payment of sum of Rs.15.00 lakhs each in two installments.

2. When the matter is taken up for hearing today, the learned Standing Counsel appearing for the respondents - Financial Institution, on instructions, would submit that pending the writ petition, fresh Sarfaesi Application has been filed before the Debts Recovery Tribunal and the same is pending.

3. In view of the above, no further order is necessary in this writ petition and hence, this writ petition stands dismissed. The parties are at liberty to work out their remedy before the Debts Recovery Tribunal. No Costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K., J.] [R.V., J.] 29.02.2024 Index :

Yes / No PM

1. The Debts Recovery Tribunal,- Madurai, Rep. by the Registrar, III and IV Floor, Kalyani Towers, 4/162, Madurai - Melur Road, (Near Meenakshi Mission Hospital), Uthangudi Post, Madurai - 625 107.

2. The Debt Recovery Appellate, Tribunal (Drat), Rep by the Registrar, 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Chennai 600 006.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.752 of 2023 29.02.2024