Tamilnad Mercantile Bank Limited v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tamilnadu Mercantile Bank Limited, Tiruchirapalli Branch, Represented by its Chief Manager / Authorised Officer, No.209, Palakarai Main Road, Mailan Chandai, Tiruchirapalli - 620008.

... Petitioner in all WPs -vs1. The Registrar, Debt Recovery Tribunal, Kalyani Towers, 4/162, Madurai-Melur Road (Near Meenakshi Mission Hospital), Uthangudi Post, Madurai.

2. R.Baranidharan ... Respondents in all WPs PRAYER in W.P(MD)No.5508 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.No.213 of 2022 in S.A.No.289 of 2021 pending on its file either by itself or by placing it before the Hon'ble Debts Recovery Tribunal, Coimbatore (in-charge of DRT, Madurai) and dispose the same within a reasonable time period to be determined by this Hon'ble Court.

PRAYER in W.P(MD)No.5509 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Hon'ble Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.No.214 of 2022 in S.A.No.290 of 2021 pending on its file either by itself or by placing it before the Hon'ble Debts Recovery Tribunal, Coimbatore (in-charge of DRT, Madurai) and dispose the same within a reasonable time period to be determined by this Hon'ble Court.

PRAYER in W.P(MD)No.5510 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Hon'ble Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.No.215 of 2022 in S.A.No.291 of 2021 pending on its file either by itself or by placing it before the Hon'ble Debts Recovery Tribunal, Coimbatore (in-charge of DRT, Madurai) and dispose the same within a reasonable time period to be determined by this Hon'ble Court.

PRAYER in W.P(MD)No.5511 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Hon'ble Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.No.216 of 2022 in S.A.No.292 of 2021 pending on its file either by itself or by placing it before the Hon'ble Debts Recovery Tribunal, Coimbatore (in-charge of DRT, Madurai) and dispose the same within a reasonable time period to be determined by this Hon'ble Court.

PRAYER in W.P(MD)No.5512 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Hon'ble Debts Recovery Tribunal, Madurai, to expedite the proceedings in I.A.No.217

of 2022 in S.A.No.293 of 2021 pending on its file either by itself or by placing it before the Hon'ble Debts Recovery Tribunal, Coimbatore (in-charge of DRT, Madurai) and dispose the same within a reasonable time period to be determined by this Hon'ble Court.

For Petitioner : Mr.N.Dilip Kumar For 2nd Respondent : Mr.C.Vakeeswaran C O M M O N O R D E R [Order of the Court was made by S.S.SUNDAR, J.] These Writ Petitions are filed by the petitioner bank for speedy disposal of the proceedings initiated by the petitioner bank against the respondent and are pending before the Debts Recovery Tribunal. 2.

Heard Mr.N.Dilip Kumar, learned counsel appearing for the petitioner and Mr.C.Vakeeswaran, learned counsel for the second respondent. 3.

Learned counsel appearing for the petitioner would submit that the proceedings before the Debts Recovery Tribunal are pending for a long time, however, the learned counsel for the respondent submitted that the petitioner can make applications before the Debts Recovery Tribunal for early disposal of

the proceedings. Further, the learned counsel for the respondent, by referring to the conduct of the borrower in making substantial payment during the pendency of the proceedings, requests this Court to direct the disposal of the proceedings before the Debts Recovery Tribunal in the usual course. 4.

Considering the fact the Presiding Officer for the Debts Recovery Tribunal was not appointed for a long time, this Court is inclined to dispose of the Writ Petition with a direction to the Debts Recovery Tribunal, Madurai to expedite the proceedings.

5.

Accordingly, these Writ Petitions are disposed of with a direction to the Debts Recovery Tribunal, Madurai to dispose the proceedings in I.A.No. 213 of 2022 in S.A.No.289 of 2021, I.A.No.214 of 2022 in S.A.No.290 of 2021, I.A.No.215 of 2022 in S.A.No.291 of 2021, I.A.No.216 of 2022 in S.A.No.292 I.A.No.217 of 2022 in S.A.No.293 of 2021 as expeditiously as possible and preferably within a period of four months from the date of receipt of a copy of this order. No costs.

[S.S.S.R, J.] [D.B.C., J.] 02.08.2023 Index : Yes / No sj

To The Registrar, Debt Recovery Tribunal, Kalyani Towers, 4/162, Madurai-Melur Road (Near Meenakshi Mission Hospital), Uthangudi Post, Madurai.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 02.08.2023