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2025 DAILYLAW 89507 (MAD)

KAMALAKANNAN v. PUNJAB NATIONAL BANK

WP/36772/2025 · 2025-09-25

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.36772 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.36772 of 2025 Kamalakannan S/o.Sundaravel, Rep by his Power of Attorney, Mohanasankari, W/o.Kamalakannan, Plot No.5, 6 and 7, Joel Galaxy Block B-F3, 3rd Main Road, Sri Sathya Sai Nagar, Rajakilpakkam, Kancheepuram District, Tamil Nadu-600 073. Petitioner(s) Vs 1. Punjab National Bank Rep by its Chief Manager, P.Mahendran, Circle Sastra, Spencer Plaza, Anna Salai, Chennai-600 002. 2. Venu S/o.B.Srinivasan Devaiah, No.46, 1st Main Road, Indira Nagar, Adyar, Chennai-600 020. Respondent(s) ______________ https://www.mhc.tn.gov.in/judis W.P.No.36772 of 2025 PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing Debts Recovery Tribunal II, Chennai, to dispose the S.A.No.300 of 2023 within a stipulated time frame. For Petitioner(s): Mr.P.G.Thiyagu For Respondent(s): Mr.M.L.Ganesh for R1 ORDER (Order of the Court was made by the Hon'ble Chief Justice) The writ petition, at the instance of the auction purchaser, ventilates a grievance that even though he purchased the property in an auction sale way back in 2022, he is unable to reap the fruits because of the pendency of a petition before the Debts Recovery Tribunal filed by the borrower challenging the order passed under Section 14 of the SARFAESI Act, 2002. 2. In the absence of there being any material before us as to how many cases, which have been filed prior to the petitioner's case, are pending before the Debts Recovery Tribunal, we are not inclined to issue any time bound direction. However, considering the very nature of the proceedings, the Debts Recovery Tribunal should ______________ https://www.mhc.tn.gov.in/judis W.P.No.36772 of 2025 do well to decide the case as expeditiously as possible, without granting unnecessary adjournment to any of the parties. Writ petition is disposed of accordingly. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 25.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1. The Chief Manager, Punjab National Bank Circle Sastra, Spencer Plaza, Anna Salai, Chennai-600 002. ______________ https://www.mhc.tn.gov.in/judis W.P.No.36772 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) WP No.36772 of 2025 25.09.2025 ______________ https://www.mhc.tn.gov.in/judis