The Branch Manager v. The Registry

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN The Branch Manager, Tamilnadu Mercantile Bank Limited, Tirunelveli Branch, No.25D, Swamy Nellaiappar High Road, S.T.N Building 1st floor, Tirunelveli Junction, Tirunelveli-627 001.

... Petitioner vs.

1) The Registrar, Debts Recovery Tribunal, Kalyani Towers, 4/162 Madurai-Melur Road (Near Meenakshi Mission Hospital) Uthangudi Post, Madurai.

2) Shri V.Rengaramanuja Chett & Co, Rep by its Managing Partner, Mr.A.Vardharajan No.66, Madurai Road, Tirunelveli Junction.

3) Mr.A.Vardharajan

4) Mr.R.Alagirisamy

5) Mrs.T.Muthulakshmi

6) Mr.T.Rangarajan

7) M/s.V.Rangaramanuja Chetty & Son, No.66, Madurai Road, Tirunelveli Junction.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.Nos.191, 192, 193 of 2021 in R.P.No.117 of 2007 in D.R.C.No.111 of 2005 in O.A.No.134 of 2003 pending on its file and dispose the same within a reasonable time period to be determined by this Hon'ble Court. For Petitioner : Mr.N.Dilip Kumar 1/3

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is filed by the bank seeking a Mandamus to expedite the proceedings in I.A.Nos.191, 192 and 193 of 2021 in R.P.No.117 of 2007 in D.R.C.No.111 of 2005 in O.A.No.134 of 2003. 2.

The learned counsel for the petitioner states that after the sale, it was realised that there is a mistake in the schedule of property which he is seeking to amend by virtue of the above referred interlocutory applications. As there is no Presiding Officer in the Debts Recovery Tribunal, Madurai, it is prayed that the matter may be expeditiously heard by the Debts Recovery Tribunal, Coimbatore, as it involves the right of the third party auction purchaser.

3.

In the light of the above, without going into the merits of the above submission, the Debts Recovery Tribunal, Coimbatore, is directed to list the abovesaid interlocutory applications, hear them on merits and pass appropriate orders as expeditiously as possible, however not beyond the period of eight weeks from the date of receipt of a copy of this order.

4.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To 1.The Registrar, Debts Recovery Tribunal, Kalyani Towers, 4/162 Madurai-Melur Road (Near Meenakshi Mission Hospital) Uthangudi Post,Madurai.

2.The Presiding Officer, Debts Recovery Tribunal Coimbatore 2/3

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-1767[F] dated 19/01/2022 ) DATED : 19.01.2022 NSN(CO) KB(27.01.2022) 3P 4C 3/3