Ameena Begum v. Debt Recovery Appellate Tribunal, Chennai
2014-09-24
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : R. Mahadevan, J. 1. The main grievance of the petitioners is that originally they had preferred an interlocutory application in I.A.No.789 of 2009, before the Debt Recover Appellate Tribunal, Chennai, wherein, they sought to implead the purchasers. Pending such application, the Debt Recover Appellate Tribunal, Chennai, had disposed of the appeal itself, without disposing of the interim application. Therefore, the petitioner has come out with this Writ Petition praying to issue a Writ of Certiorari to call for and quash the impugned orders dated 17.09.2013 and 04.07.2008. 2. When the matter is taken-up for hearing, the learned counsel for the respondents Bank fairly conceded that the matter may be remitted back to the Debt Recovery Appellate Tribunal, Chennai, for fresh consideration, wherein, the petitioners can agitate the grounds relating to the interim application as well as the grounds raised in this Writ Petition. 3. In view of the above-said submission, the orders impugned in this Writ Petition stand set aside and the matter is remitted back to the Debt Recover Appellate Tribunal, Chennai, for fresh consideration. Needless to state that the petitioners can agitate the grounds available to them and the Debt Recover Appellate Tribunal, Chennai, shall consider the same and pass appropriate orders afresh, on merits and in accordance with law, after giving an opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. 4. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.