Ravishankar.R v. The Debt Recovery Tribunal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.13702 of 2022 R.Ravishankar ... Petitioner -vs1.The Debt Recovery Tribunal 4th Floor, Kalyani Tower Melur Road, Madurai 2.The Authorized Officer Union Bank of India Asset Recovery Branch No.9, Elcanso Complex Casa Major Road, Egmore Chennai-600 008 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent bank to redeliver the property to the petitioner permitting the petitioner to run dwelling house situated at Old T.S.No.1294, Block No.39, Ward No.1, Melur Village, Tiruchirappalli District, and the KPT Shri Vishalakshi Marriage Hall in Agraharam Street, Srirangam Taluk, Trichy District and consider the

representation made by the petitioner dated 19.07.2022 for one time settlement.

For Petitioner :

Mr.B.Prasanna Vinoth For Respondent :

R1 - Tribunal Mr.L.Sriram for M/s.Chennai Law Firm for R2

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the second respondent to re-deliver the dwelling house situated at Old T.S.No.1294, Block No.39, Ward No.1, Melur Village, Tiruchirappalli District and KPT Shri Vishalakshi Marriage Hall in Agraharam Street, Srirangam Taluk, Trichy District, to the petitioner and to consider the petitioner's representation dated 19.07.2022 for one time settlement.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the respondent - Bank submitted that the earlier directions issued by this Court on 19.05.2022 in W.P.(MD) No.9980 of 2022 filed by the petitioner challenging the e-auction sale notice dated 30.04.2022, issued by the respondent - Bank and the directions dated 28.07.2022, issued by this Court in W.M.P.(MD) No.11429 of 2022 in W.P.(MD) No.9980 of 2022 seeking extension of time for making payment of third and fourth installments

of Rs.60,00,000/- as ordered on 19.05.2022 by this Court, have not been fully complied with by the petitioner and therefore, he is not entitled to the relief sought for in this writ petition.

3. Howbeit, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to approach the Debts Recovery Tribunal for redressal of his grievance in the manner known to law.

4. Recording the submission of the learned counsel for the respondent - Bank and granting liberty to the petitioner to approach the Debts Recovery Tribunal for redressal of his grievance in the manner known to law, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 10.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

The Presiding Officer, Debt Recovery Tribunal, 4th Floor, Kalyani Tower, Melur Road, Madurai.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.13702 of 2022 10.11.2022