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2002 DIGILAW 1395 (MAD)

The Tamil Nadu Industrial Investment Corporation Limited, rep. by its Madras North Branch Senior Manager v. M. S. Gopal, Proprietor, Suki Garments

2002-11-13

R.BALASUBRAMANIAN

body2002
Judgment :- 1. The case of the petitioner, as a financial institution, is that, to recover the money due from the respondents they have filed a petition under Section 31(1) (a) and 32 of the State Financial Corporation Act, in O.P. No. 222 of 1999 before the City Civil Court, Chennai and it is now pending on the file of the VIIth Additional City Civil Court at Madras and that O.P. is being adjourned from time to time without any justifiable reason. Therefore, the petitioner wants to have that O.P. disposed of earlier. 2. It appears that except the second respondent other respondents herein are yet to be served. In view of the nature of the disposal which I intend to give to this revision petition, I am of the opinion that no harm would be done if this revision is disposed of without hearing any of the respondents since the proposed order is not going to affect the legal rights of any of the respondents. 3. Having regard to the grievance brought to the notice of this Court, I am inclined to direct the VIIth Additional Judge, City Civil Court, Chennai, to dispose of O.P. No. 222 of 1999 pending on his file, in any event, not later than 10.01.2003 and send a compliance about the same to this Court. It is, however, made clear that if the Act in question, viz. The State Financial Act, mandates that proceedings of this type to be disposed of in a summary manner by adopting summary procedure, the Court below is bound by that command of the Statute. Therefore, if the Court is informed about the procedure it should adopt for disposing of the pending proceedings as laid in law, then it shall follow the same without any exception. This revision petition is disposed of accordingly.