M/S.Vvr Trade Links v. The Authorized Officer
W.P.[MD]No.23301 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.[MD]No.23301 of 2021 and W.M.P.[MD]Nos.19737 & 19740 of 2021 M/s.VVR Trade Links, Rep. by its Partner, Mr.Ramaswamy R.Selvan, S/o.R.T.Rajan, D.No.107/1, Ramamoorthy Road, Virudhunagar - 636 001.
... Petitioner Vs.
1.The Authorized Officer, The Karur Vysya Bank Limited, Divisional Office, No.16, A.A.Road, Gnanaolivpuram, Madurai - 625 016.
2.The Registrar, Debt Recovery Tribunal, Madurai, III & IV Floor, Kalyani Towers, 4/162, Madurai - Melur Road, Uthangudi, Madurai - 625 107.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the Possession Notice dated 29.10.2021 issued by the first respondent and quash the same. For Petitioner : Mr.R.Amardeep For Respondent No.1 : Mr.Pala Ramasamy
O R D E R
[Order of the Court was made by C.V.KARTHIKEYAN, J.] The Writ Petition has been filed in the nature of Certiorari with respect to the possession notice dated 29.10.2021 issued by the first respondent / Authorized Officer, Karur Vysya Bank at Madurai.
2.The petitioner appears to have filed an application in S.A.Sr.No.8262 of 2021 on 22.11.2021 under Section 17 of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.23301 of 2021 SARFAESI Act before the Debts Recovery Tribunal at Madurai. The grievance of the petitioner is that the said petition has not been taken on file. It is also stated that it suffers an issue of maintainability.
3.Mr.Pala Ramasamy, learned counsel takes notice on behalf of the first respondent.
4.A direction is issued to the Debts Recovery Tribunal, Madurai, to examine the maintainability of the said petition and if it is otherwise in order and is maintainable in accordance with the Rules, to number the same and as there is no Presiding Officer in Debts Recovery Tribunal at Madurai, to transfer the same to Debts Recovery Tribunal, Coimbatore and hear the matter in manner known to law. The issue of maintainability is to be decided by the Debts Recovery Tribunal, Madurai on or before 20.01.2022. 5.With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected writ miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MR/LM 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 The Registrar, Debt Recovery Tribunal, Madurai, III & IV Floor, Kalyani Towers, 4/162, Madurai - Melur Road, Uthangudi, Madurai - 625 107.
Copy to The Presiding Officer, Debt Recovery Tribunal, Coimbatore.
W.P.[MD]No.23301 of 2021 29.12.2021 SJ(CO)/SB(06.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2