Petitioners challenged two docket orders of the Debts Recovery Tribunal returning their appeal for curing defects, seeking quashing under Article 226. The High Court held the orders were procedural returns, not judicial rejections, and thus not subject to writ jurisdiction.
Writ petition dismissed with no costs. Connected miscellaneous petitions closed.
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: 9/2/2017
C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
WRIT PETITION NO.3270 OF 2017
AND
WMP NOS. 3229 AND 3230 OF 2017
1. K.A.Gopal
2. A. Chandrakumar
3. K. Kuppan
4. B. Maniraj ...Petitioners
Vs
1.The Recovery Officer
Debts Recovery Tribunal
1670 Trichy Road
Ramanathapuram
Coimbatore 641 045.
2.The Registrar
Debts Recovery Tribunal
1670 Trichy Road
Ramanathapuram
Coimbatore 641 045.
3.The Branch Manager
State Bank of India
Udhagamandalam
The Nilgiris.
4.K. Manikkavasagam ...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the Hon'ble Debt Recovery Tribunal, Coimbatore, passed in Appeal Sr.No.10408/2016 dated 20/12/2016 and 27/12/2016 and quash the same and consequentially direct the second respondent to number the waiver application
filed by the petitioner in I.A.SR.No.10587 of 2016 in Appeal SR.No.10408/2016 dated 27/12/2016.
For petitioners ... Ms.Aishwaarya S. Nathan for Mr.Srinath Sridevan
Borrowers have filed an appeal along with an application under Sections 30 (1) and 19 (25) of the RDDBFI Act before the Debts Recovery Tribunal, Coimbatore.
“Return the appeal along with connected petitions for compliance/curing.”
“Main Appeal in S.R.No.10408 of 2016 is returned for carrying defects, vide notice dated 20/12/2016 in S.R.No.10408 of 2016. This I.A may also be returned. For orders.”
the Registry are not necessary, and not required to be complied with, it is the duty of the borrowers, to bring it to the notice of the Registrar of the Debts Recovery Tribunal, Coimbatore and still the Registry persists with the objections, a further request, ought to have been made, to post the appeal and connected petitions before the Tribunal for maintainability.
Writ Petition No.3270 of 2017 AD(CO) VR(1/03/2017)
2 issues framed by the court
Whether a writ petition seeking quashing of docket orders returning an appeal for curing defects is maintainable.
Whether the return of appeal papers by the Tribunal Registry for compliance curtails the writ jurisdiction of the High Court.
2 provisions across 2 enactments
K.A.Gopal
A. Chandrakumar
K. Kuppan
B. Maniraj
The Recovery Officer, Debts Recovery Tribunal
The Registrar, Debts Recovery Tribunal
S. Manikumar
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
