Madras High CourtWP(MD)/22536/2021disposed of

Ganesamoorthi .S v. The Branch Manager

2021-12-20Honourable The Acting Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD)No.22536 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.22536 of 2021 and W.M.P.(MD).Nos.19063 and 19065 of 2021 S.Ganesamoorthi .. Petitioner Vs.

1.The Branch Manger, Othakadai Branch, Pandian Grama Bank Madurai.

2.The Regional Manager, Pandian Grama Bank (Now Tamilnadu GramaBank) Behind District Collectors Office, Virudhunagar.

3.The Chairman, Tamilnadu Grama Bank, No.6, Erkadu Road, Asthampatti, Salem, Tamilnadu, .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus, calling for the records in connection with impugned sale notice of the respondents dated 18.11.2021 and quash the same. For Petitioner : Mr.S.Titus For Respondents : MrN.Dilipkumar

ORDER

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] By this writ petition, challenge is made to the auction notice dated 18.11.2021, for auction to be conducted on 30.12.2021. It is pending appeal preferred by the petitioner before the Debts Recovery Tribunal, Madurai. The writ petition has been filed for the reason that the Debts Recovery Tribunal, Madurai, is not functional. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22536 of 2021 However, it has been admitted by both the counsels that the matter of the Debts Recovery Tribunal, Madurai, is taken up by the Debts Recovery Tribunal, Coimbatore, on 24.12.2021.

2. In view of the above, we dispose of this writ petition with a direction to the Debts Recovery Tribunal, Coimbatore, to hear both the parties on 24.12.2021 and for that, the matter would be remitted by the Debts Recovery Tribunal, Madurai, to the Debts Recovery Tribunal, Coimbatore, for hearing on 24.12.2021. The petitioner would be at liberty to press the application on all the available grounds.

3. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) bala/ssl Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Debts Recovery Tribunal, Madurai. (For kind information)

2. The Debts Recovery Tribunal, Coimbatore (by fax/email also) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-40008[F] dated 22/12/2021 ) +1 CC to M/s.S.TITUS, Advocate ( SR-39547[F] dated 20/12/2021 ) W.P.(MD) No.22536 of 2021 20.12.2021 NSN(CO) KB(23.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2