Madras High CourtWP(MD)/6406/2017disposed of

T.Mohanraj v. The Registrar

2017-04-11Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].No.6406 of 2017 T.Mohanraj : Petitioner Vs.

The Registrar, Debts Recovery Tribunal, Madurai.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to receive the Creditor Insolvency Petition filed by the petitioner and number the same in accordance with the provisions of the Insolvency and Bankruptcy Code 2016. For Petitioner : Mr.K.Balasubramani For Respondent : Mr.G.R.Swaminathan Assistant Solicitor General of India

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and Mr.G.R.Swaminathan, learned Assistant Solicitor General of India for the respondent.

2. The petitioner seeks for a Writ of Mandamus directing the respondent to receive the Creditor Insolvency Petition filed by the petitioner and number the same in accordance with the provisions of the Insolvency and Bankruptcy Code 2016.

3. The learned counsel for the petitioner submitted that the Debts Recovery Tribunal is not taking up the petition filed under the provisions of the Insolvency and Bankruptcy Code 2016, on the ground that there is no instruction from the Government of India.

4. An Identical issue came up for consideration before a Division Bench of this Court in W.P.[MD].No.24529 of 2016, dated 01.02.2017 and the said Writ Petition was dismissed by recording the communication from the Ministry of Finance Department of Financial Service dated 31.01.2017, to the effect that the Provincial Insolvency Act, 1920 and the Presidential Towns https://hcservices.ecourts.gov.in/hcservices/

Insolvency Act, 1909, continue to remain intact.

5. In the light of the above, the present Writ Petition is also dismissed, giving liberty to the petitioner to approach the Civil Court for appropriate relief. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Registrar, Debts Recovery Tribunal, Madurai.

+1cc to M/S.K.Balasubramani, Advocate SR.No.51412 ORDER MADE IN W.P.[MD].No.6406 of 2017 11.04.2017 JM/JC/21.04.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/