S.S.Bindhu, v. The Authorized Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.11273 of 2018 and W.M.P(MD)No.10295 of 2018 S.S.Bindhu ... Petitioner Vs.

1. The Authorized Officer, Regional Office, 1st Floor, Kuraisha Plaza, T.C.No.54/2, 4, 5, 6 and 7 Pappanamcode, Trivandram - 695 018, Kerala.

2. The Authorized Officer, Regional Office,

3. The Branch Manager,

4. G.Anilkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the second respondent herein dated 03.05.2018 in Ref.No.CIN:U65110TN1921PLC001908 and quash the same. For Petitioner : Mr.S.Prabhakaran, Senior Counsel for Mr.N.Mohideen Basha For RR 1 to 3 : Mr.A.R.M.Ramesh

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) Mr.S.Prabhakaran, learned Senior Counsel representing for Mr.N.Mohideen Basha, learned counsel appearing for the petitioner, sought the permission of this Court to withdraw the Writ Petition

with liberty to move the Debt Recovery Tribunal, Madurai challenging the impugned order. Further, the learned Senior Counsel submitted that the petitioner would move the Tribunal within a week's time and the respondents may be directed to maintain status quo till then and the learned counsel on record has also made an endorsement to that effect.

2. Mr.A.R.M.Ramesh, learned counsel appearing for the respondents 1 to 3 has no objection for giving such a direction.

3. In view of the same, the Writ Petition is dismissed as withdrawn and it is open to the petitioner to challenge the impugned order before the Debts Recovery Tribunal in accordance with law and the Debts Recovery Tribunal shall decide all the contentions raised by the petitioner in accordance with law and if any application is filed by the petitioner to raise an issue with regard to the mortgage of the properties as a preliminary issue, the same can be decided by the Debts Recovery Tribunal on merits and in accordance with law. The petitioner shall file the appeal before the Debts Recovery Tribunal within a period of one week from the date of receipt of a copy of this order and till such time, the respondents are directed to maintain status quo. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CRL SIDE) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Authorized Officer, Regional Office, 1st Floor, Kuraisha Plaza, T.C.No.54/2, 4, 5, 6 and 7 Pappanamcode, Trivandram - 695 018, Kerala.

2. The Authorized Officer, Regional Office,

3. The Branch Manager, +1cc to Mr.N.Mohideen Basha, Advocate Sr.No.76123 +1cc to Mr.A.R.M.Ramesh, Advocate Sr.No.76080 ps VB/KAK/SAR4/11.08.2018/3P/6C W.P(MD)No.11273 of 2018 31.07.2018