1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.2671 of 2011 and M.P.No.1 of 2011 Moscow Malar : Petitioner Vs. UCO Bank, K.K.Nagar Branch, 651, Eighty Feet Road, K.K.Nagar, Madurai, through its authorized Officer. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent not to proceed further in dispossessing the petitioner from the petitioner's property till the disposal of proceedings in Debts Recovery Tribunal Madurai in S.A.(SR). No.255 of 2011. For Petitioner : Mr.R.Pon Karthikeyan For Respondent : Mr.K.Periyasamy O R D E R ********** [Order of the Court was made BY A.ARUMUGHASWAMY,J] The prayer in the Writ Petition is to issue a Writ of Mandamus directing the respondent bank not to proceed further in dispossessing the petitioner from the petitioner's property till the disposal of proceedings in Debts Recovery Tribunal Madurai in S.A.(SR).No.255 of 2011. 2. The petitioner herein is the debtor. The respondent herein has sanctioned four loans each for a sum of Rs.10,00,000/-. Since the petitioner has not repaid the loan amount, the respondent has filed a petition in Crl.M.P.No.486 of 2010 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, on the file of the Chief Judicial Magistrate, Madurai, for recovery of possession. The said petition filed by the respondent bank was allowed on 05.05.2010. As against the said order dated 05.05.2010, the petitioner filed a revision before the Principal District Judge, Madurai and the same is pending. In the meanwhile, the petitioner also filed a petition before the Debts Recovery Tribunal with a delay condonation petition and the same is pending before the Debts Recovery Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Under such circumstances, the father of the petitioner, who is the guarantor, admittedly, filed a Writ Petition in W.P. (MD).No.7132 of 2010. When the said Writ Petition came up for hearing before a Division Bench of this Court, there was no representation for the petitioner. The learned counsel appearing for the respondent bank submitted before the Division Bench that this Court by order dated 27.05.2010, directed the petitioner therein to pay the entire amount due to the respondent bank within a period of two weeks from 27.05.2010 and adjourned the matter to 10.06.2010 and this Court further observed that if the payment was not made within the stipulated time, the said Writ Petition shall stand dismissed. The learned counsel for the respondent bank also submitted before the Division Bench that the petitioner also filed M.P.No.3 of 2010 on 10.06.2010 seeking extension of time for making payment and this Court, by order dated 20.07.2010, while granting interim stay for a period of three weeks, imposed a condition that the petitioner therein should pay a sum of Rs.40,00,000/- within a period of three weeks and the said direction given by the Division Bench has not been complied with. Since the said conditional order has not been complied with and there was no representation for the petitioner on 10.08.2010, the said Writ Petition was dismissed by recording the said submission made by the learned counsel for the respondent bank. 4. It is not in dispute that the petitioner has not repaid the loan amount and he has filed application before the Debts Recovery Tribunal with a delay condonation petition. The grievance of the petitioner is that since the application filed by him has not been numbered and no order has been passed, his grievance could not be heard and ventilated before the Debts Recovery Tribunal. 5. Considering the above circumstances and taking note of the fact that the petitioner has not repaid the loan amount, this Court is not inclined to entertain the Writ Petition. Therefore, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the appropriate forum i.e., Debts Recovery Tribunal to work out his remedy within a period of three weeks from the date of receipt of a copy of this order. Till then, the respondent bank is restrained from proceeding further against the petitioner in respect of the property in question. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Authorized Officer. UCO Bank, K.K.Nagar Branch, 651, Eighty Feet Road, K.K.Nagar, Madurai, +One cC to Mr.P.Ponkarthikeyan, Advocate, SR.No.6189 NB rl/3c – 15.3.2011 ORDER MADE IN W.P.(MD).No.2671 of 2011 14.03.2011 https://hcservices.ecourts.gov.in/hcservices/