The petitioner sought a writ mandamus to stop the third respondent from disbursing the second respondent's claim. The court noted the Debt Recovery Tribunal had already allowed the bank's recovery application. Consequently, the cause required no further adjudication.
No costs. Petition closed. Connected miscellaneous petition 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 : 01.12.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.NO. 1314 OF 2013 AND M.P.NO. 1 OF 2013
M/s.Cosy Industries, Represented by its Proprietor, Mr.M.V.Madhu Sudhana, C-38, Industrial Estate, Guindy, Chennai – 600 032. ...Petitioner Vs
1.State Bank of India, Represented by its Branch Manager, Ekkattuthangal Branch, No.5, Jawaharlal Nehru Road, Ekkattuthangal, Chennai – 600 032.
2.State Bank of India, Represented by its Assistant General Manager, SME City Credit Centre, No.5, Jawaharlal Nehru Road, Ekkattuthangal, Chennai – 600 032.
3.Credit Guarantee Trust for Micro and Small Enterprise, Represented by its Chief Executive Officer, 7th Floor, SME Development Centre, C-11, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051. ...Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the 3 rd respondent from settling or disbursing the claim of the 2nd respondent in respect of the account of the petitioner, M/s.Cosy Industries, bearing No.CL12TN070020001 & No.CL12TN0900213601. For Petitioner : Mr.V.Surya Sankar For Respondents : Mr.S.Sethuraman [For R1 and R2] Mr.S.Hajamohideenhisthi [For R3]
O R D E R
The relief sought for in the present writ petition is to forbear the third respondent from settling or disbursing the claim of the second respondent in respect of the account of the petitioner.
Sd/-
Assistant Registrar(CS-VIII)
// True Copy //
Sub Assistant Registrar
kak
To
1.The Branch Manager,
State Bank of India,
Ekkattuthangal Branch,
No.5, Jawaharlal Nehru Road,
Ekkattuthangal, Chennai – 600 032.
No.5, Jawaharlal Nehru Road,
3.The Chief Executive Officer,
W.P.No.1314 of 2013
KV(CO)
RVM(13/12/2021)
1 issue framed by the court
Whether the writ petition seeking forbearance from disbursing a claim is entitled to adjudication when the Debt Recovery Tribunal has already allowed the recovery application.
1 provisions across 1 enactments
M/s.Cosy Industries
State Bank of India, Branch Manager, Ekkattuthangal Branch
State Bank of India, Assistant General Manager, SME City Credit Centre
Credit Guarantee Trust for Micro and Small Enterprise
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
