This single-paragraph order dismisses a writ petition filed to quash a Debts Recovery Tribunal order directing deposit of interim amounts. The Court found no bona fides in the petitioner who failed to comply with the first instalment even before the hearing.
Writ petition dismissed; no order as to costs. Contingent Writ Petition closed.
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.6296 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.6296 of 2024
Vs.
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W.P.No.6296 of 2024
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the proceedings of the 3rd respondent dated 07.02.2024 made in IA.No.434 of 2024 in SA.No.95 of 2024, quash the same insofar as imposing a condition to pay Rs.1,12,50,000/- on or before 06.03.2024 and another sum of Rs.1,12,50,000/- on or before 03.04.2024 quash the same.
For the Petitioner : Mr.M.Devaraj
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.M.Devaraj, learned counsel for the petitioners.
Officer, Debts Recovery Tribunal is an unreasonable one. The amount of Rs.5.67 crores (Rupees Five Crores and Sixty Seven Lakhs Only) is outstanding against the petitioners. The petitioners challenged the order passed under Section 14 of the Securitization and Reconstruction
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W.P.No.6296 of 2024
of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal. The Debts Recovery Tribunal, under its order dated 07.02.2024, directed the present petitioners to deposit a sum of Rs.1,12,50,000/- (Rupees One Crore Twelve Lakhs and Fifty Thousand Only) on or before 06.03.2024 and another sum of Rs.1,12,50,000/- (Rupees One Crore Twelve Lakhs and Fifty Thousand Only) on or before 03.04.2024.
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W.P.No.6296 of 2024
(S.V.G., CJ.) (D.B.C., J.) 11.03.2024 Index : Yes/No Neutral Citation : Yes/No
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W.P.No.6296 of 2024
To
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W.P.No.6296 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
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W.P.No.6296 of 2024
11.03.2024
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2 issues framed by the court
Whether a writ petition seeking to quash the Debts Recovery Tribunal's order imposing payment conditions is maintainable.
Whether the petitioner has bona fides to justify exemption from complying with the interim deposit order.
2 provisions across 2 enactments
M/s.AVS Central School
M/s.Maragatham Palaniswami Educational Trust
Nandakumar
Devi Shree
Authorised Officer M/s.Varthana Finance Private Limited
M/s.Varthana Finance Private Limited
SANJAY V.GANGAPURWALA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
