Madras High Court
M/S.Hotel Radha Prasad vs The Authorized Officer on 19 September, 2022
Author: M.Duraiswamy
Bench: M.Duraiswamy
W.P.No.25229 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 19.09.2022
CORAM:
THE HON'BLE MR. M.DURAISWAMY,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.No.25229 of 2022
and W.M.P.No.24181 of 2022
M/s.Hotel Radha Prasad
rep by its Partner R.Radha
No.344, Brough Road,
Erode - 638 001. ... Petitioner
Vs.
1.The Authorized Officer,
City Union Bank,
Administrative Office,
No.24-B, Gandhi Nagar,
Kumbakonam - 612 001.
2.City Union Bank,
rep by its Branch Manager,
Erode Branch,
907, Near Brough Road,
Panneerselvam Park,
Erode - 638 001.
3.The Reserve Bank of India
(Non-Nationalised Private Banks Division)
No.6, SANSAD MArg,
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https://www.mhc.tn.gov.in/judis
W.P.No.25229 of 2022
New Delhi - 100 001.
4.M/s.Saraswathi Udyog India Limited,
rep by its Partner B.Anandan,
having its Registered Office,
at No.32, Thirunagar Colony,
Erode - 638 003. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of mandamus directing the respondents 1 &
2 to provide complete statement of accounts on the unauthorized
adjustment of the unilateral sanctioned loan amount to the writ petitioner
by arbitrarily transferring the same to the loan account of the 4th
respondent without the consent or instruction of the writ petitioner to do
so which now in turn resulted in coercive steps being taken by the 1st
respondent as against the writ petitioner by issuing the demand notice
dated 10.01.2020 under Section 13(2) of the SARFAESI Act.
For Petitioner : Mr.N.Jothi, Senior Counsel
for Mr.T.R.Sundaram
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed the above Writ Petition to issue Writ of Mandamus directing the respondents 1 & 2 to provide complete statement of accounts on the unauthorized adjustment of the unilateral sanctioned loan amount to the writ petitioner by arbitrarily transferring Page 2/5 https://www.mhc.tn.gov.in/judis W.P.No.25229 of 2022 the same to the loan account of the 4th respondent without the consent or instruction of the writ petitioner to do so which now in turn resulted in coercive steps being taken by the 1st respondent as against the writ petitioner by issuing the demand notice dated 10.01.2020 under Section 13(2) of the SARFAESI Act.
2.When the Writ Petition is taken up for hearing, Mr.N.Jothi, learned senior counsel appearing for the petitioner submitted that it would be suffice to direct the Debts Recovery Tribunal, Coimbatore to dispose of the pending applications in I.A.Nos.3220 & 3221 of 2022 in S.A.No.690 of 2022 expeditiously. The learned senior counsel further submitted that though the applications were filed in the month of August 2022, the Debts Recovery Tribunal has not disposed of the same yet.
3.Taking into consideration the limited prayer sought for by Mr.N.Jothi, learned senior counsel for the petitioner, without expressing any opinion with regard to the merits of the matter, we direct the Debts Recovery Tribunal, Coimbatore to dispose of the applications in Page 3/5 https://www.mhc.tn.gov.in/judis W.P.No.25229 of 2022 I.A.Nos.3220 & 3221 of 2022 in S.A.No.690 of 2022 as expeditiously as possible.
4.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Index : Yes/No [M.D., ACJ.] [S.M., J.] va 19.09.2022 To
1.The Authorized Officer, City Union Bank, Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam - 612 001.
2.The Branch Manager, City Union Bank, Erode Branch, 907, Near Brough Road, Panneerselvam Park, Erode - 638 001.
3.The Reserve Bank of India (Non-Nationalised Private Banks Division) No.6, SANSAD MArg, New Delhi - 100 001.
Page 4/5https://www.mhc.tn.gov.in/judis W.P.No.25229 of 2022 M.DURAISWAMY, ACJ.
and SUNDER MOHAN, J.
va W.P.No.25229 of 2022 and W.M.P.No.24181 of 2022 19.09.2022 Page 5/5 https://www.mhc.tn.gov.in/judis