1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9105 of 2011 and M.P.Nos.1 and 2 of 2011 P.Rajamanickam : Petitioner Vs. The Dewan Housing Finance Corporation Ltd., A Company Registered under the Companies Act, 1956, Having Registered Office at Warden House, Second Floor, Sir, P.M.Road, Fort, Mumbai 01 and Branch Office, First Floor, A.K.M.complex, State Bank Colony, Five Road, Salem 04, Represented by its Authorized Officer, Mr.Jeyakrishnan.N. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to hand over key to the petitioner with regard to Survey No.Old S.F.No.42/1, New S.F.No.42/1B comprised in Suramangalam Village, Suramangalam Sub Road, Salem District pending disposal of I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010 on the file of the Debts Recovery Tribunal, Madurai. For Petitioner : Mr.M.Subash Babu ORDER [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petitioner is stated to have borrowed certain amounts from the respondent – private Finance Company, which has taken steps against the petitioner. As against the steps taken by the respondent – Finance Company, the petitioner has approached the Debts Recovery Tribunal, Madurai and it appears that the petitioner has filed https://hcservices.ecourts.gov.in/hcservices/ 2 I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010, on the file of the Debts Recovery Tribunal, Madurai, to condone the delay of 147 days in filing appeal. Pending the same, he has filed the present Writ Petition for a direction against the respondent to hand over key to the petitioner with regard to Old S.F.No.42/1, New S.F.No.42/1B comprised in Suramangalam Village, Suramangalam Sub Road, Salem District. 2. On the face of it, such a relief cannot be granted by this Court and the Writ Petition as against a private Finance Company is not maintainable. Except directing the Debts Recovery Tribunal, Madurai, to dispose of I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010 filed by the petitioner as expeditiously as possible, the petitioner is not entitled for any relief in the Writ Petition. Accordingly, the Writ Petition stands dismissed. It is stated that the Debts Recovery Tribunal has posted I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010 for hearing on 03.09.2011. It is expected that the Tribunal shall dispose of I.A.No.19 of 2010 in S.A.(SR).No.1661 of 2010 on the said date without adjourning the same. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The Debts Recovery Tribunal, Madurai. NB akm/07.09.11 /2p-2c/ ORDER MADE IN W.P.(MD).No.9105 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/