Nizamudden. S v. Dbs Bank India Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Nizamudden ... Petitioner -vs1.DBS Bank India Limited Thirunelveli Town Branch Represented by its Authorised Officer Door No.112, East Car Street Thirunelveli Town, Thirunelveli- 627 006 2.The Registrar The Debts Recovery Tribunal Madurai IV Floor, Kalyani Towers 4/162, Madurai-Melur Road Uthangudi Post, Madurai- 625 107 ... Respondents [Cause Title amended vide Court order dated 31.03.2022 in W.M.P.

(MD) No.3743 of 2022]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 2nd respondent to dispose the I.A.No.366 of 2021 and I.A.No.367 of 2021 in O.A.No.723 of 2017, within the prescribed time frame as mandated under the law and Act on merits. For Petitioner :

Mr.Jesus Moris Ravi.P.

For Respondents :

Mr.Pala.Ramasamy for R1 R2 - Court

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the second respondent to dispose of the pending I.A.Nos. 366 & 367 of 2021 in O.A.No.723 of 2017, on merits and in accordance with law, within a time stipulated by this Court.

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if the second respondent is directed to dispose of I.A.Nos.366 & 367 of 2021 expeditiously.

3. The learned Standing Counsel appearing for the respondent - Bank has no objection in considering the request of the petitioner.

4. In view of the above, without going into the merits of the claim made by the petitioner, the second respondent is directed to dispose of I.A.Nos.366 & 367 of 2021 in O.A.No.723 of 2017, if not already disposed of, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

The Registrar, The Debts Recovery Tribunal, IV Floor, Kalyani Towers, 4/162, Madurai-Melur Road, Uthangudi Post, Madurai- 625 107.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.09.2022