Writ petition challenging DRAT as a respondent was dismissed as DRT Madurai was the wrong forum due to territorial jurisdiction arising in Madurai Bench. Liberty granted to approach Madurai Bench.
Writ petition dismissed; liberty to approach Madurai Bench granted; consequential writ petitions dismissed.
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 : 01.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.1573 of 2022
1.Jaya Balies K.
2.Smilin S. ..Petitioners
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records relating to the Interim Order passed by the learned Debts Recovery Tribunal Madurai in IA No.2012 of 2021 in SA No.577 of 2021 dated 17.12.2021, herein 2nd Respondent herein and modify the same as being arbitrary and consequently extend the time for complying with the conditional order.
For Petitioner : Mr.L.Thiyagaiya
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The writ petition has been filed challenging the order of the Debts Recovery Tribunal, Madurai. The cause of action as a whole arose within the territorial jurisdiction of the Madras High Court Bench at Madurai. The Debt Recovery Appellate Tribunal has been made a party, without any prayer against it or any other reference.
Sd/-
Assistant Registrar
True Copy//
Sub Assistant Registrar
kpl To:
Uthangudi, Madurai-625107.
RP[co]
NSK 09/02/2022
2 issues framed by the court
Whether inclusion of Debt Recovery Appellate Tribunal as respondent extends territorial jurisdiction to Madras High Court Madurai Bench for a cause of action arising in Madurai.
Whether the writ petition challenging the Debts Recovery Tribunal's order is maintainable in this Court given the jurisdictional defect.
1 provisions across 1 enactments
Jaya Balies K.
Smilin S.
Debt Recovery Appellate Tribunal
Debts Recovery Tribunal - Madurai III & IV Floor
The Authorized Officer Bajaj Finance Ltd.
Munishwar Nath Bhandari
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
