Petitioners sought writ directing DRAT to dispose of an application. Court noted DRAT is now functioning but dismissed petition as counsel intended to pursue an existing appeal. Minor stay on joining petition.
Writ petition dismissed; all rights and contentions kept open. No order as to costs. Minor writ petition disposed of.
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.
W.P.No.31103 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.31103 of 2024
&
W.M.P.Nos.33747 & 33746 of 2024
Rep. by its Proprietor Lakshmanan Muniyandi S/o. Lakshmanan Plot No.52, 4th Street Abirami Avenue, S.No.176/3A1C Kondungaiyur Village, Tondiarpet Chennai 600 118.
Vs.
Rep. by Secretary to Government Ministry of Finance Department of Banking Sanmadmurg, New Delhi.
Debt Recovery Appellate Tribunal (DRAT) Shastri Bhavan, 7th Floor, Additional Haddows Road, Chennai 600 006.
Page 1 of 5
W.P.No.31103 of 2024
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 2nd respondent to issue appropriate directions to dispose of AIR SA Diary No.1068 of 2024 on the file of Debt Recovery Appellate Tribunal, Chennai at an early date by the Chairperson-in-charge, Debt Recovery Appellate Tribunal, Chennai or any other Chairperson, Debt Recovery Appellate Tribunal functioning anywhere in India.
For Petitioners : Mr.R.Thiagarajan
For Respondents : Mr.V.Ashok Kumar Central Government Standing Counsel for Respondent-1
Mr.T.Sai Krishnan for Respondents 3 & 4
Tribunal – Respondent-2
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W.P.No.31103 of 2024
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
At the time when the petition was filed, the Debt Recovery Appellate
Tribunal was not functioning. Now that a President has been appointed and the Debt Recovery Appellate Tribunal is functioning, counsel seeks leave to withdraw the petition and states that he will pursue the appeal that is already filed and scheduled to be listed on 06.11.2024/07.11.2024.
(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 04.11.2024 Index : Yes/No Neutral Citation : Yes/No kpl
04.11.2024
___________ Page 3 of 5_
W.P.No.31103 of 2024
To
Page 4 of 5
W.P.No.31103 of 2024
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(kpl)
W.P.No.31103 of 2024
04.11.2024
___________ Page 5 of 5_
2 issues framed by the court
Whether to admit the writ petition seeking directions to the DRAT to dispose of an application when the DRAT is now functioning.
Whether to close W.M.P.No.33746 of 2024 filed to permit petitioners to join as a single writ petition.
M/s. New Star Enterprises
Jayalakshmi
Union of India
The Registrar Debt Recovery Appellate Tribunal
IndiaBulls Housing Finance Ltd
The Authorised Officer CFM Asset Reconstruction Pvt. Ltd
K.R.SHRIRAM
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
