Madras High CourtWP(MD)/1542/2020disposed of

Lakshmi Vilas Bank v. The Depbt Recovery Tribunal

2020-01-27Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.1542 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.1542 of 2020 and W.M.P(MD)No.1253 of 2020 Lakshmi Vilas Bank, represented by its Manager, No.268, Trichy Road, P.B.No.12, Thuraiyur Branch, Trichy District - 621 010.

... Petitioner Vs.

1.The Debt Recovery Tribunal, Madurai - 625 107.

2.P.Karnan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent - Debt Recovery Tribunal, Madurai, to dispose of S.A.No.505/2019 filed by the second respondent herein within a time frame that may be fixed by this Court.

For Petitioner : Mr.C.Jawahar Ravindran

ORDER

[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the first respondent - Debt Recovery Tribunal, Madurai, to dispose of S.A.No.505/2019 filed by the second respondent within a time frame.

2. The learned Counsel appearing for the petitioner submitted that the Debt Recovery Tribunal, Madurai had posted the SARFAESI Appeal to 03-June-2020 and that the second respondent is ready and willing to make substantial payment towards the loan account. In these circumstances, the learned Counsel submitted that the Debt Recovery Tribunal, Madurai, may be directed to dispose of the SARFAESI appeal within a time frame.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1542 of 2020

3. Having regard to the submissions made by the learned Counsel appearing for the petitioner, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, we direct the first respondent to dispose of the SARFAESI appeal in S.A.No.505 of 2019 on merits and in accordance with law within a period of five months from 03-June-2020.

4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) ssl To The Debt Recovery Tribunal, Madurai - 625 107.

+1 CC to Mr.C.JAWAHARRAVINDRAN, Advocate ( SR-3310[F] dated 28/01/2020 ) W.P(MD)No.1542 of 2020 and W.M.P(MD)No.1253 of 2020 27.01.2020 MK (07.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2