M.Balakrishnan v. M/S.State Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.18676 of 2024 M.Balakrishnan ... Petitioner -vs1.State Bank of India, Rep. By its Authorized Officer, SARB- Branch, Madurai - 625 020.

2.The Branch Manager, State Bank of India, SME-BRanch, Kamarajar Salai, Madurai - 625 009.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in connection with the impugned order passed by the Presiding Officer, Debt Recovery Tribunal, Madurai in I.A.No.731/2024 in S.A.No.74/2024, dated 24.07.2024 and quash the same as illegal and to appoint a Charted Accountant of respondents Bank to verify the petitioner Account Statement No.35317882417.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.P.Pethu Rajesh

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Pethu Rajesh, learned counsel takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2.The petitioner is attempting to make an issue out of a non issue. Having moved the Debt Recovery Tribunal, challenging the sale notice and having obtained the stay, it is clear that the intention of the petitioner is only to drag on the proceedings. The Debt Recovery Tribunal has given appropriate reasons for rejecting the prayer in I.A.No.731 of 2024, which is to appoint a competent Chartered Accountant to recheck the account statement.

3.A perusal of the account statement would show that all the amount that have been received from the petitioner have been given credit to. If it is the case of the petitioner that certain amount, which is paid by him would not given credit to, it is open to him to raise the issue before the Debt Recovery Tribunal based on the account statement that has been produced before the Tribunal. We see no reason to interfere in the Writ Petition.

4.Hence, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 18.09.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 18.09.2024