IN THE HIGH Court OF JUDICATURE AT MADRAS DATED : 13.09.2010 C O R A M THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr. JUSTICE B.RAJENDRAN W.P. No. 12550 of 2010 and M.P. No. 1 of 2010 S. Shanmugham Proprietor M/s. Yeses International No.15, Ranganathan Avenue Sylvan Lodge Colony Kilpauk, Chennai – 600 010 . Petitioner Versus 1. The Lakshmi Vilas Bank Ltd Purasawalkam Branch rep. by Branch Manager No.25, First Floor Purasawalkam High Road Chennai – 600 007 2. M/s. ASREC (India) Limited Regd. Office UTI Tower Gn Block, Bandras-Kurla Complex Bandra (East) Mumbai – 400 051 3. The Debt Recovery Tribunal-III 3rd Floor, Spencers Plaza Mount Road, Chennai . Respondents Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus as stated therein. For Appellant : Mr. A. Thiagarajan, Sr. Counsel for Mr. D. Veerasekaran For Respndent : Mr. Raja Manickam for RR1 and 2 ORDER (Order of the Court was made by R. Banumathi, J) The petitioner has come forward with this writ petition https://hcservices.ecourts.gov.in/hcservices/ praying for a Writ of Mandamus directing the third respondent to decide the interim application in I.A.Sr. No. 1495 of 2010 in O.A. No. 100 of 2007 on merits and thereafter decide the main O.A. No. 100 of 2007 on the file of the Debt Recovery Tribunal-III, Chennai. 2. Brief facts of the case are that the first respondent/bank has filed O.A.No. 89 of 2007 (old OA No. 385 of 2001) before the third respondent/Tribunal against the petitioner herein for recovery of Rs.7,24,76,698/- together with interest at contractual rate at the rate of 22.5%. During the pendency of the Original Application, the first respondent bank assigned its assests vide an assignment agreement dated 25.01.2007 to the second respondent. During the pendency of O.A. No. 89 of 2007, the petitioner has filed I.A. No. 668 of 2005 under Section 6 of the Bankers Book of Evidence Act to inspect and take copies of all entries in the Banker's Book together with all the relevant vouchers, challans etc., with particular reference to the delivery orders issued by the bank with the assistance of a Chartered Accountant. The Tribunal, after considering the argument of both sides dismissed the I.A. No. 668 of 2005 on 15.12.2009 with costs of Rs.3,000/- on the ground that the petitioner has filed the said petition after long lapse of time only to delay the proceedings. Thereafter, the petitioner has filed I.A. SR No. 1495 of 2010 before the Tribunal praying for a direction to direct the Senior Terminal Manager, Indian Oil Corporation, Korrukupet Terminal, Kathivakkam High Road, Kathivakkam, Chennai – 600 019 to produce the file relating to the key cash credit relating to the petitoner's account, but the same was not numbered. As against the same, the present writ petition is filed for a Mandamus directing the third respondent/Tribunal to decide the interim application in I.A.Sr. No. 1495 of 2010 in O.A. No. 100 of 2007 on merits and thereafter decide the main O.A. No. 100 of 2007. 3. We have heard the learned senior counsel for the petitioner and Mr. M. Rajamanickam along with Mr. R. Rajesh Vivekananthan, learned counsel appearing for the respondents 1 and 2. 4. The learned senior counsel for the petitioner submitted that after the writ petition was filed, I.A. SR No. 1495 of 2010 was returned by the Tribunal because of the interim stay granted by this Court. The learned senior counsel for the petitioner also submitted that the document sought for from Indian Oil Corporation, Chennai are relevant and vital documents for determination of the issues between the parties. The learned senior counsel for the petitioner also submitted that the petitioner is willing to extend their cooperation for expeditious disposal of the application. 5. The learned counsel for the respondents 1 and 2 submitted that the present IA SR No. 1495 of 2010 has been filed by the petitioner only to drag on the proceedings and it is devoid of merits. 6. It is seen from the records that the matter is pending https://hcservices.ecourts.gov.in/hcservices/ from 1997. Therefore, in order to expedite the proceedings, we deem it appropriate to direct the Debt Recovery Tribunal-III, Chennai to entertain I.A. Sr. No. 1495 of 2010 filed by the petitioner on being re-presented by the petitioner within a period of three days from the date of receipt of a copy of this order. Since the petitoner has called for certain documents from the Indian Oil Corporation, Kathivakkam, Chennai, we also direct the Debt Recovery Tribunal-III, Chennai to dispose of the application filed by the petitioner for calling for certain documents from Indian Oil Corporation, Chennai within one month from the date of receipt of a copy of this order. 7. The writ petition is disposed of subject to the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rsh To The Debt Recovery Tribunal-III 3rd Floor, Spencers Plaza Mount Road, Chennai +1cc to Mr.M.Rajamanickam, Advocate SR 67116 +1cc to Mr.D.Veerasekaran, Advocate Sr 67162 GG(CO) km/17.9. WP No. 12550 of 2010 https://hcservices.ecourts.gov.in/hcservices/