The Branch Manager v. The Registrar

W.P.(MD) No.21125 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.21125 of 2019 and W.M.P.(MD) No.17770 of 2019 The Branch Manager, The Lakshmi Vilas Bank, Trichy Main Branch, Big Bazzar Street, Trichy, Trichy District.

... Petitioner -vs1.The Registrar, Debt Recovery Tribunal - Madurai, 3rd and 4th Floor, Kalyani Towers, No.4/162, Madurai - Melur Main Road, Uthangudi, Madurai - 625 107.

2.The Recovery Officer, Debt Recovery Tribunal - Madurai, 3rd and 4th Floor, Kalyani Towers, No.4/162, Madurai - Melur Main Road, Uthangudi, Madurai - 625 107.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to execute the Decree dated 10.11.2017 made in T.A.No.473 of 2017 on the file of the Debt Recovery Tribunal, Madurai and consequently, direct the Respondents to bring the Mortgaged Property of the Borrower for Sale within a time frame fixed by this Hon'ble Court. For Petitioner :

Mr.S.I.Muthiah

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] This Writ Petition has been filed to issue a Writ of Mandamus, directing the Respondents to execute the Decree dated 10.11.2017 made in T.A.No.473 of 2017 on the file of the Debt Recovery https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21125 of 2019 Tribunal, Madurai and consequently, directing the Respondents to bring the Mortgaged Property of the Borrower for Sale within a time frame.

2.When the matter came up for hearing on 03.10.2019, time was granted to implead necessary parties/appropriate respondents. Till date the same has not been complied with.

3.In view of the above, this Writ Petition is dismissed with liberty to file fresh Writ Petition after impleading necessary parties. Consequently, connected Miscellaneous Petition is also dismissed. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) sj TO 1.The Registrar, Debt Recovery Tribunal - Madurai, 3rd and 4th Floor, Kalyani Towers, No.4/162, Madurai - Melur Main Road, Uthangudi, Madurai - 625 107.

2.The Recovery Officer, Debt Recovery Tribunal - Madurai, 3rd and 4th Floor, Kalyani Towers, No.4/162, Madurai - Melur Main Road, Uthangudi, Madurai - 625 107.

W.P.(MD) No.21125 of 2019 05.11.2019 KK/SAR/27.11.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2