Hotel Kurunji Meridian v. The Debt Recovery Tribunal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)Nos.13756 to 13758 of 2022 and W.M.P.(MD)Nos.9762, 9766 and 9765 of 2022 Hotel Kurunji Meridian, Represented by its Managing Partner, S.Thangavel ... Petitioners in W.P.(MD)Nos.13756 and 13758 of 2022 S.Thangavel ... Petitioner in W.P.(MD)No.13757 of 2022 -Vs1.The Debt Recovery Tribunal, 4th Floor, Kalyani Tower, Melur Road, Madurai.

2.The Authorized Officer, Sundaram Home Finance Limited,

Registered Office:- No.21, Patullos Road, Chennai-600 002.

Corporate Office:- Sundaram Towers, No.46, Whites Road, Chennai-600 014.

... Respondents in all W.Ps.

COMMON PRAYER : Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned 13(4) Notice dated 21.04.2022 issued by the 2nd respondent and quash the same as illegal.

For Petitioners : Mr.B.Prasanna Vinoth For R2 : Mr.M.Jerin Mathew (in all W.Ps.) COMMON ORDER [Order of the Court was made by R.MAHADEVAN, J.] Challenging the possession notice dated 21.04.2022 issued by the 2nd respondent, these Writ Petitions have been filed. 2.Today, when the matter was taken up for hearing, the learned counsel for the respondent Finance Company submitted that the petitioner has complied

with the conditional interim order of this Court dated 30.06.2022. He fairly expressed a proposal that if the petitioner approaches the respondent Bank along with OTS proposal, the same would be considered on merits and in the light of RBI norms or alternatively, if the petitioner pays a sum of Rs.47,81,252/- (Rupees Forty Seven Lakhs Eighty One Thousand Two Hundred and Fifty Two Only), to the respondent Bank, the loan account of the petitioner would be regularized. The learned counsel for the petitioner is also agreed to the said proposal.

3.Recording the aforesaid submission, these Writ Petitions are disposed of, directing the petitioner to approach the respondent Finance Company for appropriate relief, within a period of four weeks from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] & [J.S.N.P., J.] 24.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)Nos.13756 to 13758 of 2022 24.11.2022