The Court dismissed the writ petition as the petitioner had already filed a separate appeal before the Debts Recovery Appellate Tribunal against the same order. Consequently, the interim stay was vacated to avoid parallel proceedings.
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: 07.07.2017
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
WP No.34629 of 2016
and WMP No.29835 of 2016
Authorised Officer,
Indian Bank,
ARMB, Ethiraj Salai,
Egmore, Chennai - 600 008 ... Petitioner/Petitioner
vs.
1. The Debts Recovery Tribunal-I,
No.770A, Anna Salai,
"Dewa Towers".
5th Floor,
Chennai - 600 002.
2. Mrs.M.Nazneen
3. Mrs.K.Chithra
4. Authorised Officer,
Indian Bank, Thousand Lights Branch,
611, Anna Salai, Chennai - 600 035. .. Respondents/Respondents
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, calling for the records relating to the order dated 29.08.2016 made in S.A.No.51 of 2011 passed by the 1st respondent and quash the same.
For Petitioner : Mr.V.Kalyanasundaram for M/s.Aiyar and Dolia For Respondents : Mr.V.Lakshminarayanan for Mr.Govind Chandrasekar (for R2) Mr.M.Praveen Kumar for Mr.P.V.Muralidharan (for R3)
ORDER
(Order of the Court was delivered by S.MANIKUMAR, J)
When there was no Hon'ble Presiding Officer in Debts Recovery Appellate Tribunal, Authorised Officer, Indian Bank, ARMB, Chennai has filed W.P.No.34629 of 2016.
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
ars
To
"Dewa Towers".
WP No.34629 of 2016 and WMP No.29835 of 2016
KJ(CO)
CU(26/07/2017)
1 issue framed by the court
Whether this Court can hear the writ petition while a separate appeal is pending with the Debts Recovery Appellate Tribunal.
1 provisions across 1 enactments
Authorised Officer, Indian Bank, ARMB, Chennai
The Debts Recovery Tribunal-I, Chennai
Mrs.M.Nazneen
Mrs.K.Chithra
Authorised Officer, Indian Bank, Thousand Lights Branch
S.MANIKUMAR
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
