M/S.K.M.M.Traders v. The Chief Judicial Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)Nos.18509, 18511 and 18513 of 2024 1.M/s.K.M.M.Traders, Rep. by its Proprietor, Door No.33A, Keezhvadampokki Street, Palani, Dindigul District - 624 601.

2 K.M.Manikandan 3.M.Anitha ... Petitioners Vs.

1.The Chief Judicial Magistrate, Dindigul District, Dindigul.

2.The Authorized Officer, M/s. Prithvi Asset Reconstruction and Securitization Company Limited, Door No.1/55, Rajapraasadamu 4th Floor, Wing-1, Plot No.6, 6A, 6B, Masjid Banda Road, Kondapur, Hyderabad, Rep. by its Vice President (Legal & Resolution).

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3.M/s.Jum Jum Traders, Represented by Syed Abbas, Sivananda Street, Arupparpalayampudur, Tiruppur - 641 652.

4.Senthil Rajavel ... Respondents PRAYER : Civil Revision Petition is filed under Article 227 of The Constitution of India, to set aside the order dated 16.09.2024 passed in I.A.No.3041 of 2024 in S.A.No.587 of 2024 on the file of the Debts Recovery Tribunal, Madurai and allow the above Civil Revision Petition. For Petitioners : Ms.S.G.Vidhya For Respondents : Mr.S.Suresh, For Mr.Giri Prasath for R2.

Mr.P.M.Vishnuvarthan for R3.

Mr.S.Boominathan for R4.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner questioned the interim order granted by the Debts Recovery Tribunal, Madurai. Admittedly, this order is appealable before the Debts Recovery Appellate Tribunal, Chennai. 2/4

3.We are therefore not inclined to entertain this civil revision petition. However, taking into account the special facts and circumstances obtaining in this case, if any appeal is preferred before Debts Recovery Appellate Tribunal, Chennai within seven days from the date of receipt of copy of this order, it shall be entertained without reference to limitation.

4.With the aforesaid liberty to the petitioner, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S. J.,) & (R.P. J.,) 19.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 19.12.2024.

To:- 1.The Chief Judicial Magistrate, Dindigul District, Dindigul.

2.The Debts Recovery Tribunal, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 19.12.2024 4/4