Madras High CourtWP(MD)/4884/2025allowed

K.Ganesan v. The Authorized Officer

2025-04-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/04/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.4884 of 2025 and WMP(MD) No.3545 of 2025 K.Ganesan ... Petitioner Vs The Authorized Officer, Omkara Assets Reconstruction Private Ltd, No.9, M.P.Nagar, First Street, Kongu Nagar Extn., Tirupur - 641607..

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for records pertaining to the order in I.A.No.574 of 2023 in A.I.R(SR) No.1541 of 2023 dated 07.08.2024 passed by the Debt Recovery Appellate Tribunal Chennai and quash the same as illegal arbitrary and consequently direct the Learned Debt Recovery Appellate Tribunal Chennai to number the appeal.

For Petitioner : Mr.B.Prasanna Vinoth for Mr.V.Kishorekumar For Respondents : No appearance 1/4

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The writ petition has been filed challenging the impugned order in I.A.No.574 of 2023 in A.I.R(SR) No.1541 of 2023 dated 07.08.2024 of the Debt Recovery Appellate Tribunal Chennai.

2. In the impugned order, the Debt Recovery Appellate Tribunal has directed the petitioner to pay the loan amount in installments, however, there is a default. Based on the default clause, the interlocutory application came to be dismissed. Challenging the same, the present writ petition has been filed.

3. This Court, vide order dated 25.02.2025 directed the petitioner to deposit a sum of Rs.3,66,250/- on or before 19.03.2025. Subsequently on 20.03.2025, this Court extended the time already granted to the petitioner for depositing the loan amount till today, ie., 25.04.2025. 2/4

4. Today, a memo has been filed by the petitioner stating that the order of this Court has been complied with. Therefore, the impugned order is set aside and the writ petition stands allowed. The Debt Recovery Appellate Tribunal is directed to number the appeal and hear the same and pass orders on merits and in accordance with law. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 25.04.2025 NCC : Yes/No Index : Yes/No RR To 1.The Debt Recovery Appellate Tribunal Chennai 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.4884 of 2025 Date : 25/04/2025 4/4