M/s.Indian Bank v. M/s.Sri Kondaiya Modern Rice Mill (Borrower)

Madras HC21 Jan 2025WP(MD)/349/2025

Case brief

AI extract

What is this about?

Indian Bank v. Sri Kondaiya Modern Rice Mill — WP(MD) No.349 of 2025, Madurai Bench of Madras High Court, decided 21.01.2025 (M.S. Ramesh, J.; A.D. Maria Clete, J.). Return of application by Chief Judicial Magistrate, Thanjavur in Crl.M.P. Sr. No. 4368 of 2024; re-presentation with explanation; obligation to accept or reject explanations instead of mechanically returning the application; non-speaking order; certiorarified mandamus; Article 226; borrower and guarantors; disposal with liberty to re-present.

What did the court decide?

Liberty to re-present the application before the Chief Judicial Magistrate, Thanjavur, who shall pass appropriate orders in accordance with law after consideration of the explanation given by the petitioner-bank; writ petition disposed of with no costs. ¶¶33

M/s.Indian Bank Vs M/s.Sri Kondaiya Modern Rice Mill… — Writ and Judicial Review | Madras HC (2025)

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WP(MD). No.349 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.S. RAMESH AND

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THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE

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WP(MD). No.349 of 2025

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M/s.Indian Bank represented by its Chief Manager, Authorized Officer Karaikudi Branch ... Petitioner

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M/s.Sri Kondaiya Modern Rice, Mill (Borrower), Now Represented by its Proprietor Mr. Muthukumar, No. 8-3-1a, S.No. 184-11, Perumal Kovil Sorkavasal Street, Pallathur Town, Karaikudi

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M. Muthukumar, (Guarantor)

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M. Boomathy (Guarantor)

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Savithra

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Shantha

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G. Dharani (Guarantor)

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S. Gajendran (Guarantor) ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned return endorsement

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

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WP(MD). No.349 of 2025

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order of the Learned Chief Judicial Magistrate, Thanjavur, dated 25.10.2024 and 06.11.2024 made in Crl.M.P. Sr. No. 4368 of 2024 and quash the same and consequently direct the learned Chief Judicial Magistrate, Thanjavur, to number the Crl.M.P.Sr. No. 4368 of 2024 and decide the same on merits in accordance with law.

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For Petitioner : Mr.S.Suresh for M/s.Aiyar and Dolia

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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Challenging the impugned return endorsement order of the Chief Judicial Magistrate, Thanjavur, dated 25.10.2024 and 06.11.2024 made in Crl.M.P. Sr. No. 4368 of 2024 and consequently directing the learned Chief Judicial Magistrate, Thanjavur, to number the Crl.M.P.Sr. No. 4368 of 2024 and decide the same on merits in accordance with law, the petitioner bank is before this Court with this writ petition.

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To the reasons for returning the application dated 25.10.2024

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made by the petitioner bank before the Chief Judicial Magistrate, the petitioner represented the application on 29.10.2024 giving his explanation to the returns. When such explanations are given, the Chief Judicial Magistrate is required to either accept the explanation or reject

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

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WP(MD). No.349 of 2025

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the same instead of returning it once again. Non consideration of the explanations to the specific returns made and mechanically returning the application once again, would render it as a non-speaking order, which cannot stand to scrutiny under the eyes of law.

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In the light of the above observation, the petitioner is granted liberty to represent the application before the Chief Judicial Magistrate and on receipt of such representation, the Chief Judicial Magistrate shall pass appropriate orders in accordance with law, after consideration of the explanation given by the petitioner-bank.

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