M/S.Nikkitha Hitech Modern Rice Mill v. M/S. Bank Of Baroda

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.23449 of 2024 M/s.Nikkitha Hitech Modern Rice Mill, Rep. by its Prop. Mr.Uthayakumar.A, 13/2, Gurusamypuram, Pavoorchatram, Kallurani, Tenkasi - 627 808.

: Petitioner Vs.

M/s.Bank of Baroda, Rep. by its Authorized Officer, Mr.Mahendran.R, Tenkasi Branch, Temple Tower, 3A, Mudukku Vinayakar Koil Street, Near Old Bus Stand, Tenkasi - 627 811.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, granting extension of 1/5

time for further period of one month in I.A.No.3316 of 2024 in S.A.No.654 of 2024 enabling the petitioner to pay the first installment amount.

For Petitioner : Mr.J.Arul Prakash For Respondent : Mr.Pethu Rajesh Standing Counsel

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to grant extension of time for further period of one month in I.A.No. 3316 of 2024 in S.A.No.654 of 2024, enabling the petitioner to pay the first instalment amount.

3.Since an effective remedy lies before the Debts Recovery Tribunal, invoking the jurisdiction of this Court under Article 226 of the Constitution of India would not be permissible and hence, the Writ Petition stands dismissed, with liberty to the 2/5

petitioner to work out his remedies in accordance with law. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 20.11.2024 Index : Yes/No Internet : Yes/No MR 3/5

To The Authorized Officer, Mr.Mahendran.R, M/s.Bank of Baroda, Tenkasi Branch, Temple Tower, 3A, Mudukku Vinayakar Koil Street, Near Old Bus Stand, Tenkasi - 627 811.

4/5

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 20.11.2024 5/5