The High Court dismissed the writ petition seeking certiorari to set aside an order directing adjudication of an Original Application. The Court held that the party seeking the reversal is the same party who filed an application for advance hearing, constituting a contradiction.
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: 17.01.2018
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.1008 of 2018 and WMP No.1200 of 2018
... Petitioners vs.
[Respondents 5 to 10 are only formal parties and are given up in the above writ petition and no notice need be sent to them.]
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, to call for the records of the impugned order dated 22.12.2017 passed in M.A.No.44/2014, on the file of the first respondent and quash that portion of the said impugned order by which the Appellate Tribunal has directed the DRT to adjudicate the OA as early as possible without being influenced by pending of the appeal.
For Petitioners : Mr.Elaya Rajkumar, for M/s.Ramalingam and Asso. ORDER (Order of the Court was delivered by S.MANIKUMAR, J) Proceedings dated 22.12.2017 impugned in this writ petition, is as follows:
"The counsel for appellant prays for some time for arguments. The counsel for R1 submitted that this is nothing but the delay tactics and the OA is of the year 1998. The Ld.PO is directed to adjudicate the OA as early as possible without being influenced by pending of this appeal.
As prayed by the counsel for appellant, list for final arguments on 15.02.2018."
s/d-
Assistant Registrar(CS VII)
True Copy
Sub-Assistant Registrar
ars
To
1.The Registrar,
Debts Recovery Appellate Tribunal,
Chennai.
+2 Ccs to Mr. Ramalingam Associates, Advocate sr 3266.
W.P.No.1008 of 2018
and
WMP No.1200 of 2018
RSI(CO)
SP(13/02/2018)
1 issue framed by the court
Whether a writ of certiorari can be issued to set aside an order directing DRT to adjudicate OA without being influenced by pending appeal when the petitioner filed an application to advance hearing o
1 provisions across 1 enactments
G.K.Steels and Allied Industries Ltd.
The Registrar, Debts Recovery Appellate Tribunal, Chennai
SMANIKUMAR
VBHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
