H. Thangadurai, v. Tamilnadu Mercantile Bank Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)Nos.4690 and 4692 of 2023 H.Thangadurai ... Petitioner in CRP(MD)No.998/2023 /Petitioner/Third Party T.Selvakumar ... Petitioner in CRP(MD)No.999/2023 /Petitioner/Third Party -vs1.Tamilnad Mercantile Bank Ltd., Rep. by its Manager, Tuticorin Main Branch, No.56 & 57, Beach Road, Tuticorin - 628 001.

... 1st respondent/1st respondent/Certificate Holder 2.P.M.D.Kanagarajan 3.J.J.Christhudass ... Respondents 2 & 3/Respondents 2 & 3/ Certificate Debtors 1 & 5 PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the orders, dated 18.01.2023, of the learned Recovery Officer, Debts Recovery Tribunal, Madurai, returning the claim petitions as not maintainable filed by the petitioners in M.A.Sr.Nos.310 and 322 of

2023 respectively in RP.No.99 of 2013 in RC.No.99 of 2013 and further direct to number the claim petitions and take the same on file before the learned Recovery Officer, Debts Recovery Tribunal, Madurai. (In both CRPS) For Petitioners :Mr.V.Veerapandian For R-1 :Mr.T.Thevan, Standing Counsel COMMON ORDER [Order of the Court was made by R.SUBRAMANIAN, J.] The petitioners seek to challenge the return endorsement made by the Recovery Officer, Debts Recovery Tribunal, Madurai.

2. The learned Standing Counsel appearing for the bank would submit that the principal borrower has settled the loan amount and the very cause of action does not survive.

3. Recording the same, these Civil Revision Petitions are disposed of as having become infructuous. No Costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 17.04.2023 NCC :Yes/No Index :Yes/No PM

To:

The Recovery Officer, Debts Recovery Tribunal, Madurai

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm C.R.P(MD)Nos.998 & 999 of 2023 17.04.2023