Madras High Court
M/S.Nivas Fabs vs The Presiding Officer on 22 October, 2021
W.P.No.22918 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.22918 of 2021
1.M/s.Nivas Fabs,
A partnership firm Constituted under
the Indian Partnership Act, 1932,
No.85, Moongappaadi Street,
Gugai, Salem – 636 006,
Tamil Nadu.
2.S.Seetharaman
3.S.Murugaraj
4.Suseela .. Petitioners
Vs
1.The Presiding Officer,
The Debts Recovery Tribunal,
2nd and 3rd Floors, Jawans Bhavan,
27, T.B.Road,
Coimbatore – 641 018.
2.The Recovery Officer,
The Debts Recovery Tribunal,
2nd and 3rd Floors, Jawans Bhavan,
27, T.B.Road,
Coimbatore – 641 018.
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W.P.No.22918 of 2021
3.City Union Bank Ltd.,
Salem Branch,
rep. by its POA,
No.98,99,100 ARA Complex,
Arunachalaachari Street,
New Old Bus Stand, Salem,
Tamil Nadu – 636 001.
4.S.Venugopal
5.M/s.Nivas Exports,
rep. by its Partners,
No.25(A) & 26(A), Bommasandra Industrial Estate,
Bommasandra 1st stage,
Anekal Taluk,
Bangalore – 560 099. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus to expeditiously hear
I.A.No.1413/2018 in OA. 01/2013 pending on the file of Respondent
No.1 and to stay all further proceedings in O.A.No.01 of 2013
Respondent No.1 till the disposal of the I.A.No.1413 of 2018.
For the Petitioners : Mr.Ricky Chopra
for Mr.Haja Mohideen Shaffeek
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petition is completely misconceived.
2. The petitioners seek an interim stay of the recovery
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W.P.No.22918 of 2021
proceedings pending the petitioners' challenge before the
appropriate Debts Recovery Tribunal in Coimbatore.
3. According to the petitioners, the Recovery Officer is to
pronounce judgment on October 25, 2021 but the further
proceedings of the petitioners before the tribunal are scheduled to
be taken up later.
4. No ground is made out for the extraordinary prayer or for
even invoking this jurisdiction except that an immovable property
may be directed to be sold or possession thereof may be directed to
be made over by the Recovery Officer and an 80-year old lady stays
in such building. Such ground is no reason to interfere with the
process. The petitioners, including the 80-year old lady, should
have arranged their affairs so that things would not have come to
such a pass.
5. W.P.No.22918 of 2021 is dismissed. However, this order
will not prevent the petitioners from pursuing the proceedings
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W.P.No.22918 of 2021
before the tribunal in accordance with law. It is made clear that
there will be no impediment in the Recovery Officer pronouncing
judgment in the relevant recovery proceedings.
W.M.P.Nos.24124 and 24125 of 2021 are closed. There will
be no order as to costs.
(S.B., CJ.) (P.D.A., J.)
22.10.2021
Index : No
sasi
To:
1.The Presiding Officer,
The Debts Recovery Tribunal,
2nd and 3rd Floors, Jawans Bhavan,
27, T.B.Road,
Coimbatore – 641 018.
2.The Recovery Officer,
The Debts Recovery Tribunal,
2nd and 3rd Floors, Jawans Bhavan,
27, T.B.Road,
Coimbatore – 641 018.
3.City Union Bank Ltd.,
Salem Branch,
No.98,99,100 ARA Complex,
Arunachalaachari Street,
New Old Bus Stand, Salem,
Tamil Nadu – 636 001.
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https://www.mhc.tn.gov.in/judis/
W.P.No.22918 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sasi)
W.P.No.22918 of 2021
22.10.2021
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