R.B.Muthukumar v. The Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.08.2024

CORAM

THE HON'BLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.1799 of 2024 R.B.Muthukumar ... Petitioner -Vs1.The Manager, HDFC Bank Card Division, Post Box No.8654, Thiruvanmiyur Post, Chennai.

2.The Manager, SBI Bank Corporate Centre, Mademecama Road, 21, Nareman Point, Mumbai-21.

3.The Manager, Standard Chartered Bank, Client Service Group, No.270, DN Road Fort, Mumbai 400 001.

4.The Manager, Kotak Mahindra Bank, Kotak Infinite, 4th Floor,

Building No.21, Infinidy Park, General A.K.VaidyaMarg, Malad (E) Mumbai 400 097.

5.The Manager, RBL Bank, One World Centre, Tower 2B, 6th Floor, 841, Senapati Bapat Marg Lower Parel West, Mumbai-13.

6.The Manager, One Card Federal Bank, One Card Solution Private Limited, E 174, Kamala Nagar, Delhi 110007.

7.The Manager, AXIS Bank Limited Trisul, 3rd Floot, OPP Samaratheswar Temple, Law Garden, Ellis Bridge, Ahamadabad 380 006.

8.The Manager, IDFC First Bank Limited, KRM Towers, 7th Floor, No.I, Harrington Road, Chetpet, Chennai 31.

9.The Manager, YES Bank, YES Bank Limited, YES Bank House, Western Express Highway, Mumbai.

10.The Manager, Slice Quadrillion Finance, Slice Quadrillion Finance (P) Ltd.,

No.7, 3rd Floor, 1st Cross Main Road, Aswini Layout, Ejipura, Koramangala, Bengaluru 560 047.

11.The Manager, HDFC Bank, HDFC Bank House, HT Parekh Marg, 165-166, Backbay Reclamation, Church Gate, Mumbai 20.

12.The Manager, Kotak Mahindra Bank, Kotak Infinite 4th Floor, Building No.21, Infinite Park, A.K.VaidyaMarg, Malad (E), Mumbai 400 097.

13.The Manager, HERO Fincrop Limited, No.34, Community Centre, Basantlok Vasanth Vihar, New Delhi.

14.The Manager, Kredit Bee Service Private Ltd., The Royal Stone Park, No.100, Above Honda Showroom, Sastri Nagar, Pai Layout, Bennigana Halli, Bengaluru 560 016.

15.The Manager, AXIO Cap Float Financial Service (P) Ltd., New No.3, Old No.211, Gokuldass Platinum, Upper Palace Orchard, Bellary Road, Sadasiv Nagar, Bengaluru-80.

... Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Court, Tiruchirappalli, to number the petition in unnumbered I.P.No.... of 2024 and to take the petition on the file by allowing this civil revision petition. For Petitioner : M/s.S.Mahalakshmi

ORDER

This civil revision petition is filed aggrieved by the fact that the Insolvency Petition filed in E-filing No.ATN20230000323C202400001 has been returned by the trial Court without numbering.

2. Even according to the petitioner, the petition has been represented by making due endorsement that the relevant provisions of the Insolvency and Bankruptcy Code has not yet been notified and the earlier Act is still in force and the petition is maintainable. Therefore, when the petitioner has re-presented, it is for the petitioner to have mentioned to the trial Court to take up the petition in open Court and decide as to the issue of maintainability and the trial Court finds that the petition is maintainable, the same shall be numbered and proceeded in accordance with law.

3. In view thereof, the Civil Revision Petition is disposed of on the following terms:

(i)The petitioner shall file a memo along with the copy of this order before the trial Court and upon filing the memo, the trial Court shall call the represented SR.No.EPSTN0237035612621051 in open Court and it will be open for the petitioner's counsel to argue in the open Court and the trial Court shall decide the issue of maintainability and if it finds that the petition is maintainable, then number the petition and proceed in accordance with law.

No costs.

01.08.2024 Index : Yes / No Internet : Yes/ No Rmk NOTE: Registry to return the original petition, to the counsel for the petitioner, after getting copy of the same. To 1.The Principal Subordinate Judge, Tiruchirappalli.

D.BHARATHA CHAKRAVARTHY, J.

Rmk C.R.P(MD).No.1799 of 2024 01.08.2024