The court dismissed two pending proceedings (CRP and Writ Petition) by the petitioner-bank-association against the bank and Debt Recovery Appellate Tribunal because the petitioner chose not to pursue them. The matter is closed with no order as to 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: 16.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.R.P. (MD) No.841 of 2021 and W.P.No.11858 of 2021 and C.M.P.(MD) No.4502 of 2021 W.M.P.No.12611 of 2021
M/s.Lotus Gardens Pvt. Ltd. Rep. by its Director, B.Vikram Balaraman, No.559, RMV II Stage, New BEL Road, Petitioner in Bangalore 560 092. .. CRP & WP
Vs.
The Authorised Officer, Canara Bank, Dindigul Main Branch, Ground Floor -1st Floor, Loyola Building Salai Road Dindigul 624 001.
Canara Bank
Rep. by its Branch Manager, Dindigul Main Branch, Ground Floor -1st Floor, Loyola Building Salai Road, Respondents 1&2 Dindigul 624 001. .. in CRP & WP The Registrar Deby Recovery Appellate Tribunal Respondent-3 in Chennai. .. WP
Prayer: CRP (MD) No.841 of 2021 - Petition filed under Article 227 of the Constitution of India against the order dated 27.04.2021 made in I.A.No.732 of 2021 in I.A.No.53 of 2021 in S.A.No.15 of 2021 on the file of the Debts Recovery Tribunal, Madurai.
W.P.No.11858 of 2021 - Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondent do not proceed under SARFAESI Act against the Petitioner pending hearing of the appeal No.AIR 124 of 2021 on the file of Debt Recovery Appellate
Tribunal, Chennai.
For Petitioner : Mr.G.Senthil Kumar
For Mr.Sethuraman.S
For Respondents: Mr.P.Raghunathan
For M/s. T.S.Gopalan & Co. for respondents 1 and 2
ORDER
(Made by the Hon'ble Chief Justice)
Since the petitioner in either case does not wish to pursue the revision or the writ petition, CRP (MD) No.841 of 2021 and W.P.No.11858 of 2021 are dismissed as not pressed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
kpl
To:
Canara Bank, Dindigul Main Branch,
Ground Floor -1st Floor, Loyola Building Salai Road Dindigul 624 001.
Canara Bank
Dindigul Main Branch, Ground Floor -1st Floor,
Loyola Building Salai Road, Dindigul 624 001.
Debt Recovery Appellate Tribunal, Chennai.
Copy to: 1.The Registrar Judicial, Madurai Bench of Madras, High Court, Madurai.
VSN II(CO) CB(02/08/2021)
M/s. Lotus Gardens Pvt. Ltd.
The Authorised Officer, Canara Bank
The Branch Manager, Canara Bank
The Registrar, Debt Recovery Appellate Tribunal
SANJIB BANERJEE
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
