Dismissed

The Federal Bank Ltd, v. M/S.Zylog Systems Ltd.

Madras HC7 Oct 2021WP/8785/2014

Case brief

AI extract

What is this about?

In this writ petition, the Federal Bank Limited sought a mandamus to direct the Chief Emigration Officer and Passport Officer to dispose of a representation regarding the impounding of respondents' passports. The court held that with ambiguous facts and winding-up proceedings pending, the High Court could not conduct a roving enquiry or issue specific directions without clear facts.

What did the court decide?

The petition was dismissed; the petitioner was given liberty to workout its remedy in the manner known to law.

The Federal Bank Ltd, Vs M/S.Zylog… — Constitutional and Fundamental Rights | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 07.10.2021

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶5

W.P.No.8785 of 2014
and
M.P.No.1 of 2014

¶6

The Federal Bank Limited
Br.Chennai / RM Nagar,
No.E5 & E6, Nelson Chambers
Door No.115, Nelson Manickam Road,
Chennai – 600 029.
Represented by Senior Manager N.Natarajan ...Petitioner

¶7

Vs

¶8

1.M/s.Zylog Systems Limited,
 Regd & Corporate Off: No.155
 Thiruvalluvar Salai, Kumaran Nagar
 Sholinganallur, Chennai – 600 119,
 Represented by Managing Director,
 Ramanujam Sesharathnam.

¶9

2.Sri.Ramanujam Sesharathnam
 Managing Director,
 Zylog Systems Limited,
 Old No.36/37, New No.77
 Flat No.10, 'Sugandhi Apartment
 Seventh Avenue, Ashok Nagar,
 Chennai – 600 083.

¶10

3.Sri.Venkatarama Sudarshan
 Director,
 M/s.Zylog Systems Limited
 Old No.36/37, New No.77
 Flat No.10, 'Sugandhi Apartment
 Seventh Avenue, Ashok Nagar
 Chennai.

¶11

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

¶12

4.Chief Emigration Officer
 Emigration Office

¶13

 No.26, Shasthri Bhavan
 Annexure Haddow's Road
 Nungambakkam, Chennai – 600 006.

¶14

5.The Passport Officer
 Regional Passport Office
 No.2 & 3, IV Floor, Rayala Towers
 Old No.785, New No.158

¶15

 Mount Road, Anna Salai, Chennai – 600 002 ... Respondents

¶16

PRAYER : Writ Petition filed Under Article226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
fourth and fifth respondents to dispose of the petitioner's
representation dated 15.3.2014.

¶17

For Petitioner: Mr.David Tyagaraj

¶18

ForRespondents : Mr.C.A.Theagarajan

¶19

 [For R1 to R3]

¶20

 Mr.K.Srinivasamurthy
 [For R4 & R5]

¶21

O R D E R

¶22

The relief sought for in the present writ petition is to
direct the fourth and fifth respondents to dispose of the
representation dated 15.3.2014, submitted by the petitioner.

¶23

2. The petitioner is Federal Bank Limited. They are
submitted a representation for impounding the passport of the
respondents 2 and 3. The learned counsel for the Central
Government made a submission that the respondents 2 and 3 are
holding American Passports and further, there are other issues
involved in this regard. The petitioner being a Bank, has to
workout their remedy in the manner known to law. However, in this
nature of disputes, High Court cannot conduct a Roving Enquiry
for the purpose of settling the dispute between the parties.

¶24

3. The grievance of the petitioner-Bank is that they have

¶25

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

¶26

to collect the dues from the respondents. Since, the whereabouts
of the respondents 2 and 3 are not known, they have submitted a
representation. However, the High Court cannot issue any
directions in this sort of ambiguous facts and circumstances. In
the absence of clear facts, it may not be possible for the High
Court to issue directions.

¶27

4. The learned counsel for the petitioner states that the

¶28

winding up proceedings are in process. Thu, it is for them to initiate appropriate action. Thus, the petitioner is at liberty to workout their remedy in the manner known to law.

¶29

5. With this liberty, the writ petition stands disposed

¶30

of. No costs. Consequently, connected miscellaneous petition is closed.

¶31

Sd/-

¶32

 Assistant Registrar(CS-III)

¶33

//True Copy//

¶34

 Sub Assistant Registrar

¶35

kak

¶36

To

¶37

1.Chief Emigration Officer Emigration Office No.26, Shasthri Bhavan Annexure Haddow's Road Nungambakkam, Chennai – 600 006.

¶38

2.The Passport Officer Regional Passport Office No.2 & 3, IV Floor, Rayala Towers Old No.785, New No.158 Mount Road, Anna Salai, Chennai – 600 002

¶39

+2cc to Mr.David Tyagaraj, Advocate, S.R.No.52978

¶40

W.P.No.8785 of 2014
GJ(CO)
SB(26/10/2021)

¶41

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

The Federal Bank Ltd, v. M/S.Zylog Systems Ltd.

Case brief

What is this about?

What did the court decide?

The Federal Bank Ltd, v. M/S.Zylog Systems Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R.Loganathan Vs The Chairman, Tamil Nadu

Mr.S.Raja, Vs The District Collector

C.Venkatraman, Vs The District Collector

J.P.R.Road Carriers, Vs the General Manager

Sundramoorthy Vs the Union of India

M.Shanmugavadivu, Vs the Executive Engineer