Madras High CourtCRP(MD)/196/2020withdrawn dismissed

Asha Dayana T.R. v. The Authorised Officer

2020-02-05Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and C.M.P.(MD) No.1165 of 2020 1.Asha Dayana T.R.

2.K.G.Udhayakumar ... Petitioners/Petitioners/Applicants -vs1.The Authorized Officer for The Tamilnad Mercantile Bank Padanthalumoodu Branch Trivandrum Main Road Kaliakkavilai Kanyakumari District 2.The Branch Manager Tamilnad Mercantile Bank Padanthalumoodu Branch Door No.19/92 Thiruvananthapuram Main Road Padanthalumoodu Kanyakumari District-629 160 ... Respondents/ Respondents/Defendants PRAYER: Civil revision petition is filed, under Article 227 of the Constitution of India, to set aside the order, dated 14.01.2020, passed in I.A.No.38 of 2020 in S.A.No.9 of 2020, passed by the Debt Recovery Tribunal, Madurai.

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For Petitioners :

Mr.S.C.Herold Singh For Respondents :

Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the civil revision petition with liberty to the petitioner to file an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, "the SARFAESI Act"), before the Debts Recovery Appellate Tribunal, Chennai, as against the impugned order, dated 14.01.2020, passed in I.A.No.38 of 2020 in S.A.No.9 of 2020, by the Debts Recovery Tribunal, Madurai. The learned counsel appearing for the petitioner has also made an endorsement to that effect.

2. In view of the same, the civil revision petition is dismissed as withdrawn. It is open to the petitioner to challenge the impugned order, dated 14.01.2020, passed in I.A.No.38 of 2020 in S.A.No.9 of 2020, by the Debts Recovery Tribunal, Madurai, before the Debts Recovery Appellate Tribunal, Chennai, under Section 18 of the SARFAESI Act. The respondents are directed to maintain status quo for a period of nine days i.e. till 14.02.2020 enabling the petitioner to file appeal before the Debts Recovery Appellate Tribunal, Chennai, as against the order impugned in this civil revision petition. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

The Presiding Officer, Debts Recovery Tribunal, Madurai.

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copy to The Section Officer, E.R.Section,Madurai Bench of Madras High Court, Madurai.

(Return the original papers to the petitioner forthwith, after retaining a photocopy of the same in the bundle.) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-4816[F] dated 05/02/2020 ) and C.M.P.(MD) No.1165 of 2020 05.02.2020 VR(CO) TR(05.02.2020) 3P 4C 3/3