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Madras High CourtWP(MD)/864/2022disposed of

Shaji v. The Debts Recovery Tribunal

2022-01-20Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

W.P(MD)No.864 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.864 of 2022 and WMP(MD)No.693 of 2022 Shaji ... Petitioner vs.

1) The Debts Recovery Tribunal, IV, Floor, Kalyani Tower, Melur Road, Madurai.

2) The Authorized Officer, Canara Bank, Chinnathurai Branch, Kanyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned auction sale notice issued by the 2nd respondent dated 20.12.2021 fixing the date of sale on 21.01.2022 and quash the same.

For Petitioner : Mr.S.Suresh For R2 : Mr.Pethu Rajesh

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is directed against the sale notice issued by the 2nd respondent dated 20.12.2021 fixing the date of auction on 21.01.2022.

2.

The learned counsel for the petitioner states that already S.A.No.23 of 2022 is filed before the Debts Recovery Tribunal, Madurai and it is yet to be heard for want of Presiding Officer. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.864 of 2022 3.

In view of the above, the Debts Recovery Tribunal, Madurai, is directed to transmit the papers in S.A.No.23 of 2022 to the Debts Recovery Tribunal, Coimbatore, which would be heard by the Debts Recovery Tribunal, Coimbatore, on or before 04.02.2022. In the meanwhile, let the auction go on and the same will be confirmed only subject to the result of S.A.No.23 of 2022.

4.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To

1) The Presiding Officer, Debts Recovery Tribunal, IV, Floor, Kalyani Tower, Melur Road, Madurai.

COPY TO:

The Presiding Officer, Debts Recovery Tribunal, Coimbatore.

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-1931[F] dated 20/01/2022 ) W.P(MD)No.864 of 2022 DATED : 20.01.2022 RD(28.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2