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. 13043 of 2010 and M.P. No. 1 of 2010 S. Gowri Proprietrix M/s. Kavitha Enterprises 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 praying for a Writ of Mandamus directing the third respondent to https://hcservices.ecourts.gov.in/hcservices/ decide the interim application in I.A.Sr. No. 1496 of 2010 in O.A. No. 89 of 2007 on merits and thereafter decide the main O.A. No. 89 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. 100 of 2007 (Old OA No. 206 of 1997) before the third respondent/ Tribunal against the petitioner herein for recovery of Rs.2,01,96,887.59 together with contractual interest at the rate of 22.5% from the date of filing the Original Application. In the meantime, the first respondent bank assigned its assests vide an assignment agreement dated 25.01.2007 to the second respondent. Earlier, the petitioner has filed I.A. No. 667 of 2005 in O.A. No. 100 of 2007 (Old O.A. No. 206 of 1997) to send for certain documents from the bank. After hearing both sides, the Debt Recovery Tribunal-III dismissed the said I.A. No. 667 of 2007 with costs of Rs.3,000/-. Thereafter, the petitioner has filed another I.A. Sr.No. 1496 of 2010 before the Debt Recovery Tribunal- III, Chennai to direct the Senior Terminal Manager, Indian Oil Corporation, Korukkupet Terminal, Kathivakkam High Road, Kathivakkam, Chennai – 19 to produce the file relating to key cash credit relating to the petitioner's account with the first respondent/bank, 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. 1496/2010 in O.A. No. 89/2007 on merits and thereafter decide the main O.A. No. 89/2007. 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. 1496 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. 1496 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 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. 1496 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 https://hcservices.ecourts.gov.in/hcservices/ 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. 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 1 CC TO Mr.M. Rajamanickam, advocate, Sr. 67117 WP No. 13043 of 2010 GG (CO) kk 17/9 https://hcservices.ecourts.gov.in/hcservices/