Saravana Kumar.G v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR REV.APLW.(MD)Nos.92 and 93 of 2022 and W.M.P.(MD)No.19987 of 2022 in REV.APLW.(MD)No.92 of 2022 G.Saravana Kumar ... Review Petitioner in both petitions / Writ Petitioner -Vs1.The Regional Manager, Union Bank of India, Regional Office, Tiruchirappalli.

2.The Union Bank of India, Kumbakonam Branch, No.85-A, Sarangapani East Street, Kumbakonam-612 001.

3.The Authorized Officer / Chief Manager, Union Bank of India, No.85-A, Sarangapani East Street, Kumbakonam-612 001.

... Respondents in both petitions / Respondents COMMON PRAYER: Petitions filed under Order 47 Rule 1 r/w Section 114 of Civil Procedure Code, praying this Court to set aside the order dated 26.10.2022 in W.P.(MD)Nos.8281 & 8285 of 2021 respectively on the file of this Court. For Petitioner : M/s.AL.Gandhimathi For Respondents : Mr.K.Jagadeesan (in both petitions) COMMON ORDER [Order of the Court was made by D.KRISHNAKUMAR, J.] These Review Applications are filed against the common order dated 26.10.2022 made in W.P.(MD)Nos.8281 and 8285 of 2021 on the file of this Court.

2.When the Writ Petitions were taken up for hearing on 26.10.2022, the learned counsel for the respondent Bank submitted that the petitioner has not been complied with the conditional interim order of this Court dated 28.09.2022. In view of the aforesaid submission, this Court, by an order dated 26.10.2022, disposed of the said Writ Petitions, granting liberty to the petitioner to workout his remedy before the Debts Recovery Tribunal. 3.According to the petitioner, he has paid a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) by way of Demand Draft with the 2nd respondent on 26.10.2022 as per the conditional interim order of this Court dated 28.09.2022, however with the delay of 7 days.

4.We are of the view that though the Writ Court granted liberty to the petitioner to workout his remedy before the Debts Recovery Tribunal, without availing such remedy, the petitioner has filed these Review Applications. Therefore, there is no illegality or irregularity in the order passed in the Writ

Petitions. Accordingly, these Review Applications are dismissed, however, with liberty to the petitioner to file an appeal before the Debts Recovery Tribunal, by placing all his contentions. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 16.12.2022 Index : Yes / No Internet : Yes / No Myr

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Myr REV.APLW.(MD)Nos.92 and 93 of 2022 16.12.2022