Citation : 2026 Latest Caselaw 1928 Mad
Judgement Date : 16 April, 2026
2026:MHC:1480
W.P No. 15092 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 15092 of 2026 Mr.Karti P.Chidambaram S/o.P.Chidambaram No.16 Dr.S.S.Badrinath Road Nungambakkam, Chennai 600006.
..Petitioner Vs
1. Union Of India Through Serious Fraud Investigation Office Ministry of Corporate Affairs Having office at No.109, Nungambakkam High Road Chennai 600034.
2. The Assistant General Manager (agm) and Nodal Officer SFIO, State Bank of India No.11, Parliament Street New Delhi 110001.
3. The Senior Assistant Director Serious Fraud Investigation Office Regional Office BSNL New Administrative Building 4th Floor, B Wing, Tower-II No.16 Greams Road, Thousand Lights Chennai 600006.
4. The Manager State Bank of India Parliament House Branch Sansad Bhawan New Delhi 110001.
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5. The Registrar National Company Law Tribunal Special Bench, Court II 6th Floor, Ezhilagam Annex Chepauk, Chennai 600005.
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the National Company Law Tribunal, Chennai Bench to dispose of the application dated 08.04.2026 filed by the Petitioner requesting the de-freeezing the account of the petitioner having Account No. 38532489200 in the 4th respondent bank which has been frozen based on the email communication dated 02.04.2026 from the 2nd respondent to the 4th respondent expeditiously.
For Petitioner : Mr.R.Shunmugasundaram, Senior Counsel
for N.R.R.Arun Natarajan
For Respondents : Mr.K.R.Samratt
Senior Panel Counsel for Central Government-for R1
Order (Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted to direct the National Company
Law Tribunal, Chennai Bench to dispose of the application dated 08.04.2026 filed by
the petitioner requesting the defreezing the account of the petitioner having Account
No.38532489200 in the 4th respondent bank which has been frozen based on the
email communication dated 02.04.2026 from the 2nd respondent to the 4th
respondent expeditiously, within a time frame to be fixed by this Court.
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2. The petitioner filed an interlocutory application in C.P.No.110/Che/2025
before the National Company Law Tribunal, Chennai Bench under Section 11 of the
National Company Law Tribunal Rules. The relief sought for is to direct the
authorities to defreeze and lifting of the attachment of the petitioner's bank account
lying with the State Bank of India, Parliament House Branch at New Delhi.
3. Mr.R.Shunmugasundaram, learned Senior Counsel appearing on behalf of
the petitioner would mainly contend that the petitioner is unable to operate his
personal salary account and he has to discharge his functions. Thus, an interlocutory
application has been filed on 08.04.2026 before the National Company Law Tribunal
with a request to defreeze the bank account enabling the petitioner to operate the
same for multiple purposes.
4. This court is of the considered view that, if such a writ petition filed seeking
speedy disposal of the interlocutory application is entertained and a direction is
issued to the Tribunal, it will cause unnecessary pressure on the Tribunal to dispose
of such matters out of turn. No doubt, the Courts / Tribunals are considering matters
based on the urgency which has to be placed by the parties before the Court
concerned. In exercise of the power of judicial review under Article 226 of the
Constitution of India, if such urgent directions are issued for speedy disposal of the
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cases, undoubtedly it would cause unnecessary pressure on the Courts / Tribunals
and the judicial fora may not be in a position to decide the cases in a systematic
manner on its own.
5. Therefore, the High Court is expected to exercise restraint in issuing such a
direction for speedy disposal of the cases pending before various Courts / Tribunals.
Only on exceptional circumstances, where Courts form an opinion for expeditious
disposal of the cases, then terms and conditions are to be stipulated to the parties
for effective cooperation and disposal. In normal circumstances, such direction
would result in unnecessary burden to the Courts / Tribunals.
6. In a Constitution Bench Judgment in the case of High Court Bar
Association, Allahabad Vs. State of Uttar Pradesh and Ors., in Crl.APP. @
SLP (Crl.)No.13366 of 2024, the Supreme Court held that in the ordinary course,
the Constitution Courts are refrained from fixing the time bound schedule for the
disposal of the cases pending before any other courts. Paragraph 47.3 of the said
judgment reads thus:
“ 47.3 Constitutional courts, in the ordinary course, should
refrain from fixing a time bound schedule for the disposal of cases
pending before any other courts. Constitutional courts may issue
directions for the time bound disposal of cases only in exceptional
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circumstances. The issue of prioritising the disposal of cases
should be best left to the decision of the courts concerned where
the cases are pending.”
7. In the present case, the petitioner has filed an interlocutory application
only on 08.04.2026. The present writ petition has been instituted on 09.04.2026,
the very next day of filing of the interlocutory application. No effective steps are
taken by the petitioner to ventilate his grievance before the National Company Law
Tribunal, but a writ petition has been filed seeking a direction for speedy disposal. It
may be an easy way out for the petitioner, but it would result in unnecessary
pressure to the Court / Tribunal dealing with the matter. The Court / Tribunal is
expected to dispose of the matters systematically and whenever urgency is raised,
the said Court / Tribunal has to consider the same for speedy disposal.
8. Per contra, one party approaching the High Court under Article 226 of the
Constitution of India and securing a direction for speedy disposal may cause
prejudice to the interest of other litigants who are all waiting for a long time for the
disposal of their respective cases. As far as litigants are concerned, how so high
they are, all have to be treated as equal when the cases are dealt with by the
Courts.
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9. In the present case, the petitioner has not even allowed the Tribunal to
consider the Interlocutory Application and filed the present writ petition immediately
the very next day of the filing of such application ie., on 09.04.2026, which cannot
be appreciated by this Court. That apart, the petitioner has not established any
violation of principles of natural justice or denial of basic rights under any Statute
and therefore it would be unnecessary for the High Court to entertain the present
writ petition under Article 226 of the Constitution of India. The petitioner is at
liberty to ventilate his grievance as well as urgency before the National Company
Law Tribunal for expeditious disposal of the interlocutory application.
10. For the reasons stated above, the writ petition stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (K.S.,J.) 16-04-2026 Index: Yes Speaking order Neutral Citation: Yes
KST
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To
1. Union Of India Through Serious Fraud Investigation Office Ministry of Corporate Affairs Having office at No.109 Nungambakkam High Road Chennai 600034.
2. The Assistant General Manager (AGM) and Nodal Officer SFIO, State Bank of India No.11, Parliament Street New Delhi 110001.
3. The Senior Assistant Director Serious Fraud Investigation Office Regional Office BSNL New Administrative Building 4th Floor, B Wing, Tower-II No.16 Greams Road, Thousand Lights Chennai 600006.
4. The Manager State Bank of India Parliament House Branch Sansad Bhawan New Delhi 110001.
5. The Registrar National Company Law Tribunal Special Bench, Court II 6th Floor, Ezhilagam Annex Chepauk, Chennai 600005.
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S.M.SUBRAMANIAM J.
AND K.SURENDER J.
KST
16-04-2026
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