Disposed

Manrish Textiles Corproation v. Bank of Baroda

Madras HC12 Oct 2023WP/29269/2023

Case brief

AI extract

What is this about?

The High Court of Madras disposed of writ petitions filed by debtors challenging orders from the Debt Recovery Appellate Tribunal and Tribunal. The court directed the lower tribunals to prioritize and conclude pending proceedings initiated in 2000 within six months.

What did the court decide?

Directing the Debts Recovery Tribunal to take up the pending Original Application on priority and conclude proceedings within six months. Writ petitions and connected W.M.Ps disposed of.

Manrish Textiles Corproation Vs Bank of Baroda — Banking and Recovery | Madras HC (2023)

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.10.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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W.P.No.29269 of 2023

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Manrish Textiles Corporation (Partnership firm) B-3301/3302, Imperial Heights Best Colony, Goregaon West Mumbai 400 104.

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Raajev Narain

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Savitha Narain

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Raajeev Narain, HUF

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Mars Overseas Textiles B-3301/3302, Imperial Heights Best Colony, Goregaon West Mumbai 400 104.

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Raajeev Narain-Kartha

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Amitaabh Naaraayan

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Rishie Naaraayan .. Petitioners Vs.

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_________ Page 1 of 6_

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https://www.mhc.tn.gov.in/judis

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Bank of Baroda Madurai Main Branch 5, East Avani Moola Street Madurai 625 001.

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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.. Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records relating to R.A.No.8 of 2015 on the file of Debt Recovery Appellate Tribunal, Chennai and quash the order dated 31.07.2018 made therein and consequently, dismiss the T.A.No.1 of 2011 on the file of the Debts Recovery Tribunal, Coimbatore.

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For the Petitioners : Mr.S.Thangavel

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For the Respondent : Mrs.Revathi Manivannan

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.S.Thangavel, learned counsel for the petitioners and Mrs.Revathi Manivannan, learned counsel for the respondent.

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The respondent bank had filed Original Application No.194 of 2000 before the Debts Recovery Tribunal.

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Learned counsel for the petitioners submits that the

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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petitioners had filed counter-claim and set off. The Debts Recovery Tribunal had appointed a Panel Chartered Accountant of the bank as an Auditor. Against the final order passed by the Debts Recovery Tribunal, the petitioners filed an appeal before the Debt Recovery Appellate Tribunal. The Debt Recovery Appellate Tribunal set aside the order of Debts Recovery Tribunal and directed the Debts Recovery Tribunal to decide the Original Application on the basis of the materials available on record, within sixty days.

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Learned counsel submits that the Original Application before

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the Debts Recovery Tribunal is still pending.

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According to learned counsel for the petitioners, no clear order is passed by the Debts Recovery Tribunal with regard to the counter-claim or set off filed by the petitioners. When the order of the Debts Recovery Tribunal itself is set aside, the whole matter is open for arguments, i.e. claim made by the bank and the counter-claim/set off filed by the petitioners.

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_________ Page 3 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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Considering the fact that O.A.No.194 of 2000 filed by the

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bank, which was subsequently numbered as T.A.No.1 of 2011, is of the year 2000 and that the Debt Recovery Appellate Tribunal has directed the Debts Recovery Tribunal to conclude the same within six months, which order is passed in the year 2018, we expect the Debts Recovery Tribunal to take up the matter on priority basis and shall endeavour to conclude the proceedings within six months.

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The writ petitions are disposed of. There will be no order as to costs. W.M.P.Nos.28884, 28892, 28897, 28902, 28898, 28901 and 28903 of 2023 seeking permission to file a single writ petition are allowed and disposed of. Consequently, W.M.P.Nos.28888 and 28886 of 2023 are closed.

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(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index : Yes/No Neutral Citation : Yes/No

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kpl

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_________ Page 4 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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Bank of Baroda Madurai Main Branch 5, East Avani Moola Street Madurai 625 001.

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_________ Page 5 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J

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(kpl)

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W.P.Nos.29269, 29274, 29277 to 29281 of 2023

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12.10.2023

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_________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

Manrish Textiles Corproation v. Bank of Baroda

Case brief

What is this about?

What did the court decide?

Manrish Textiles Corproation v. Bank of Baroda

Case brief

What is this about?

What did the court decide?

What the court decided

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