Dismissed

S.Anbarasan v. The Registrar

Madras HC10 Nov 2021WP/23989/2021

Case brief

AI extract

What is this about?

This order dismisses a writ petition challenging a Debt Recovery Tribunal order that issued a recovery certificate against the petitioner. The Court held that since an efficacious alternative remedy lies before the Debt Recovery Appellate Tribunal under Section 20 of the RDB Act, 1993, the writ petition was not entertained.

What did the court decide?

Writ petition dismissed; connected miscellaneous petitions closed.

S.Anbarasan Vs The Registrar — Banking and Recovery | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.11.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.23989 of 2021 and WMP Nos.25300, 25302 and 25303 of 2021

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S.Anbarasan .. Petitioner

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Vs.

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The Registrar, Debts Recovery Tribunal- I, Chennai.

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The State Bank of India Rep by its Chief Manager, Stressed Asset Recovery Branch, Red Cross Buildings, No.32, Montieth Road, Egmore, Chennai- 600 008. 3. M/s.ANS Industries Rep by its Managing Partner, Mr.S.Anbarasan, 4. A.Rajakumari 5. S.Navaneetham 6. S.T.Palanisamy 7. A.Anna Durai 8. Tamil selvi

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Thennarasi 10. Arivarasan .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records in order passed by the Honourable Debt Recovery Tribunal- I Chennai in T.A. 86/ 2019 dated 31.08.2021 and quash the same as illegal incompetent without Jurisdiction contradictory to itself.

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For the Petitioner : Mr.S.Anbarasan Party-in-person

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner seeks to question the propriety of an order dated August 31, 2021 passed by the Debts Recovery Tribunal-I, Chennai.

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By the relevant order, the respondent secured creditor's petition was allowed and a recovery certificate was issued under which the secured creditor is entitled to recover a total sum of Rs.1,94,01,972.88 in respect of several accounts together with future interest at the rate of ten per cent simple. The order made it clear that the respondent Nos.7 to 9, including the petitioner herein, “are liable to pay the said amount from and out of the estate inherited by them from the deceased father A.K.Swaminathan and that they are not personally liable.”

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Since the relevant order is appellable under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, the remedy of the petitioner lies before the Debts Recovery Appellate Tribunal.

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In view of the fact that there is an efficacious alternative remedy available to the petitioner, the present petition is not entertained.

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Writ petition No.23989 of 2021 is dismissed. WMP Nos.25300, 25302 and 25303 of 2021 are closed. There will be no order as to costs.

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Sd/Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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sra

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The Registrar, Debts Recovery Tribunal- I, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The Chief Manager, State Bank of India Stressed Asset Recovery Branch, Red Cross Buildings, No.32, Montieth Road, Egmore, Chennai- 600 008.

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WP No.23989 of 2021

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EV(CO) K.RK. (17.11.2021)

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https://hcservices.ecourts.gov.in/hcservices/

S.Anbarasan v. The Registrar

Case brief

What is this about?

What did the court decide?

S.Anbarasan v. The Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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