Madras High Court
M/S.Subash Agencies And Furniture vs Tamil Nadu Mercantile Bank Ltd. (Tmb) on 3 January, 2024
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.P.No.34799 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.34799 of 2023
M/s.Subash Agencies and Furniture,
Prop. P.Subash
No.52 B 1, Durugam Road,
Kallakurichi-606 202. .. Petitioner
vs
1.Tamil Nadu Mercantile Bank Ltd. (TMB),
rep. by its Authorized Officer D.Saravanan
Having its Salam Regional Office,
No.105, Ramakrishna Road,
1st Floor ear ATC Dept, Salam-636 007.
2.The Authorized Officer,
Tamil Nadu Mercantile Bank Ltd. (TMB)
Registered office at:
57, VE. Road,
Thoothukudi-628 002.
Branch Office at
D.No.40F/10, Sri Balaji Lodge Building,
Rajambal Nagar, Salem Main Road,
Kallakurichi-606 202. .. Respondents
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W.P.No.34799 of 2023
Prayer : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorari calling for the records of the
first respondent in connection with Crl.M.P.No.8594 of 2023 order
passed by the learned Chief Judicial Magistrate, Villupuram on
18.10.2023 and quash the same.
For the Petitioner : Mr.M.D.Thirunavukkarasu
For the Respondents : Mr.V.Chandrasekaran
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.D.Thirunavukkarasu, learned counsel for the petitioner and Mr.V.Chandrasekaran, learned counsel for the respondents.
2. The petitioner has not deposited the entire amount as directed under the order dated 13.12.2023. The petitioner has deposited Rs.5.00 lakh and seeks further extension of time to deposit Rs.8.00 lakh.
3. On 13.12.2023, we had entertained the writ petition on the statement of learned counsel for the petitioner that the computer __________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.34799 of 2023 server is not working in the Debts Recovery Tribunal, Chennai for the past 3 to 4 days and it was not possible to file matters before the Debts Recovery Tribunal.
4. Now the Debts Recovery Tribunal, Chennai is functioning.
5. In view of that, we dispose of the writ petition with liberty to the petitioner to avail the alternate remedy before the Debts Recovery Tribunal. All contentions are kept open. For a period of ten days from today status-quo as on today be maintained. It is made clear that on the lapse of ten days, the protection granted by this Court shall come to an end and the petitioner may seek necessary relief before the Debts Recovery Tribunal. There shall be no order as to costs. Consequently, W.M.P.Nos.34800 and 34804 of 2023 are closed.
(S.V.G., CJ.) (D.B.C., J.)
03.01.2024
Index : Yes/No
Neutral Citation : Yes/No
bbr
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1.The Authorized Officer D.Saravanan Tamil Nadu Mercantile Bank Ltd. (TMB), Having its Salam Regional Office, No.105, Ramakrishna Road, 1st Floor ear ATC Dept, Salam-636 007.
2.The Authorized Officer, Tamil Nadu Mercantile Bank Ltd. (TMB) Registered office at:
57, VE. Road, Thoothukudi-628 002. Branch Office at D.No.40F/10, Sri Balaji Lodge Building, Rajambal Nagar, Salem Main Road, Kallakurichi-606 202.
__________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.34799 of 2023 THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr W.P.No.34799 of 2023
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