A.Pascal Cruz vs The Authorized Officer
2023 Latest Caselaw 13967 Mad

                                                                             C.R.P(MD)No.2281 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 17.10.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                                    AND
                                     THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                            C.R.P(MD)No.2281 of 2023
                                                      and
                                       C.M.P(MD)Nos.11740 & 11741 of 2023



                     1.A.Pascal Cruz
                     2.Sahaya Rajila                          :Petitioners


                                                       .vs.


                     The Authorized Officer,
                     State Benk of India,
                     Nagercoil Branch,
                     14-B Distillery Road,
                     Nagercoil,
                     Kanyakumari District.                    : Respondent



                     PRAYER:           Civil Revision Petition filed under Article 227 of the
                     Constitution of India against the order passed in I.A.No.1394 of
                     2023 in S.A.No.297 of 2023 dated 02.08.2023 on the file of the
                     Debt Recovery Tribunal, Madurai.


                                      For Petitioner          :Mr.G.Cenil




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                               C.R.P(MD)No.2281 of 2023




                                                        ORDER

******

[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]

Heard the learned counsel appearing for the petitioners.

2. The petitioners have filed the present application against

the order passed in I.A.No.1394 of 2023 in S.A.No.297 of 2023,

wherein, he sought for an interim stay of taking physical possession

of secured assets. The Debt Recovery Tribunal, Madurai has

dismissed the said application on 29.08.2023, wherein, this

petitioner was not appeared and the Debt Recovery Tribunal,

Madurai has also rendered a factual finding that the physical

possession of the suit property has already been taken on

05.07.2023.

3. We noticed that there is a statutory appeal remedy

available before the Debt Recovery Appellate Tribunal and the

Presiding Officer is also there, hence, we are not exercising the

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2281 of 2023

power under Article 227 of the Constitution of India. Accordingly,

this Civil Revision Petition is dismissed. No costs. Consequently,

connected miscellaneous petitions are closed.

                                                        [T.K.R.,J.]    [P.B.B.,J.]
                                                               17.10.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     AM



                     To
                     The Debt Recovery Tribunal,
                     Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2281 of 2023

RMT.TEEKAA RAMAN,J.

AND P.B.BALAJI,J.

am

C.R.P(MD)No.2281 of 2023

17.10.2023

https://www.mhc.tn.gov.in/judis