The High Court extended the interim order maintaining status quo on payments pending the petitioner's appeal before the Debts Recovery Appellate Tribunal, clarifying the order's duration to four weeks from receipt.
Interim order extended for four weeks; matter disposed of; connected writ petitions closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH
and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Writ Petition No.13408 of 2016 and WMP.Nos.11757, 15553, 12737, 12738 of 2016
State Bank of India Industrial Finance Branch No.155, Anna Salai, Chennai-600 002 Rep. By its Assistant General Manager Presently at Stressed Assets Management Branch Red Cross Building, Montieth Road Egmore, Chennai-600 008 ...Petitioner Vs. 1.The Deputy General Manager (Admn.EP18), The Chief General Manager Southern Telecom Projects, BSNL, No.25, Greenways Lane Raja Annamalaipuram Chennai-600 028 2.M/s.Gemini Communication Ltd., Rep. By its Director, Mr.R.Vijaykumar No.1, Dr.Ranga Road, 2nd Street Alwarpet, Chennai-600 018
3.The Registrar Debts Recovery Appellate Tribunal Egmore, Chennai-600 008
4.The Registrar, Debts Recovery Tribunal-2 Chennai-600 002 ...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in No.CGMP/CNI/Legal.Point Red/GCL/Wimax-II/25 dated 18.03.2016 on the file of the 1st respondent and to quash the same and further direct the 1st respondent not to release any payments pursuant to the said impugned communication pending disposal of the appeal filed by the petitioner in M.A.Nos.12,16 and 17 of 2016 on the file of the 3rd respondent, challenging the
order dated 21.01.2016 in I.A.No.767/15 I.A.No.116 of 2014 in O.A.No.228 of 2014 on the file of the 4th respondent.
For Petitioner : Mr.Imayavaramban, for M/s.Ramalingan and Associates For respondents : Mr.M.Govindaraj for R1 M/s.Adeesh Anto for R2
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the respective parties.
“Notice returnable in three weeks. Private notice is also permitted in respect of RR1 and 2. Post after three weeks. Status quo as obtained today, in respect of payment, shall be maintained till then.”
Thereafter, this court, on further hearings, extended the interim order and till today it is continuing.
Assistant Registrar(CS-III) True Copy
Sub-Assistant Registrar
To
1.The Deputy General Manager
(Admn.EP18), The Chief General Manager
Southern Telecom Projects,
BSNL, No.25, Greenways Lane
Raja Annamalaipuram
Chennai-600 028
2.M/s.Gemini Communication Ltd.,
Rep. By its Director, Mr.R.Vijaykumar
No.1, Dr.Ranga Road, 2 nd Street
Alwarpet, Chennai-600 018
3.The Registrar
Debts Recovery Appellate Tribunal
Egmore, Chennai-600 008
4.The Registrar, Debts Recovery Tribunal-2
Chennai-600 002
+ 2 ccs to M/s.Ramalingam Associates, Advocate SR 45738
rj(co)
prk16/8 W.P.No.13408 of 2016
2 issues framed by the court
Whether the status quo on payments pending in the Debts Recovery Appellate Tribunal应予维持。
Whether the Writ Petition requires substantive adjudication beyond clarification on interim order duration.
State Bank of India
Deputy General Manager
M/s. Gemini Communication Ltd.
Registrar, Debts Recovery Appellate Tribunal
Registrar, Debts Recovery Tribunal-2
Huluvadi G. Ramesh
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
