Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 30102 (MAD)

MR.VIJAY KRISHNAN v. The Presiding Officer

WP/17689/2026 · 2026-06-09

G Arul Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.17689 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.17689 of 2026 and WMP N o .19004 of 2026 Vijay Krishnan S/o.Late S.V.Krishnan, No.9/6, South Avenue, Sri Nagar Colony, Saidapet, Chennai – 600015, Tamil Nadu. Petitioner(s) Vs 1. The Presiding Officer Debts Recovery Tribunal-III (DRT-3), Chennai. 2. The Authorized Officer Indian Bank, Guindy Branch, 131 SIDCO Building, GST Road, Guindy, Chennai-32. 3. M.R.Bhaarath S/o.M.Ranganathan, Plot No.363, First South Main Street, Sri Kabaleeshwarar Nagar, Neelankarai, Chennai - 600041. ______________ https://www.mhc.tn.gov.in/judis W.P.No.17689 of 2026 4. Ramya W/o.M.R.Bhaarath Plot No.363, First South Main Street, Sri Kabaleeshwarar Nagar, Neelankarai, Chennai - 600041. 5. Maheshkumar S/o.Munnuswamy, 1st street, Little Mount, Saidapet-15. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to accept the change of counsel for the petitioner, recorded in the TSA No.156/2023 through the petitioner’s memo and vakalathnama dated 30.01.2026 without insisting on a no objection certificate (NOC) and dispose of TSA No.156/2023 on merits expeditiously, preferably within the period of three months or within the time frame to be fixed by this Court in view of the statutory mandate under Section 17(5) of the SARFAESI Act, considering the pendency of the TSA since the year 2021 and the petitioner being a senior citizen. For Petitioner(s): Mr. Sunil.Y. (Through Video Conferencing) ORDER (Order of the Court was made by the Hon'ble Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to accept the ______________ https://www.mhc.tn.gov.in/judis W.P.No.17689 of 2026 change of counsel for the petitioner, recorded in the TSA No.156 of 2023 through the petitioner’s memo and vakalathnama dated 30.01.2026 without insisting on a no objection certificate (NOC) and dispose of TSA No.156 of 2023 on merits expeditiously, preferably within the period of three months or within the time frame to be fixed by this Court in view of the statutory mandate under Section 17(5) of the SARFAESI Act, considering the pendency of the TSA since the year 2021 and the petitioner being a senior citizen. 2. When the matter was taken up today, learned counsel for the petitioner fairly submitted that the first part of the prayer pertaining to acceptance of petitioner’s memo and vakalatnama no longer survives, since the vakalatnama filed before the Tribunal has been accepted subsequent to the filing of the writ petition. 3. Learned counsel for the petitioner submitted that the Debts Recover Tribunal be directed to dispose of TSA No.156 of 2023 expeditiously. ______________ https://www.mhc.tn.gov.in/judis W.P.No.17689 of 2026 4. It is a matter of record that injunction application and amendment application have been filed by the petitioner only in February, 2026. Therefore, any direction to expedite a specific case out of turn would disrupt the board of the Tribunal. The petitioner has failed to demonstrate any exceptional circumstance that distinguishes his case from other litigants waiting in queue before the Tribunal. The Tribunal should prioritize cases based on their seniority, nature of urgency and statutory mandate. It is empowered to regulate its procedure and accelerate hearings if a genuine case of urgency is made out. Issuing blanket direction for quick disposal would put undue pressure on the Tribunal and, consequently, the persons who approached the Tribunal earlier would be left at a disadvantaged position. 5. We are, therefore, not inclined to give such a direction to decide the case within a time frame. However, the petitioner would be at liberty to file appropriate application before the Tribunal to expedite the hearing. ______________ https://www.mhc.tn.gov.in/judis W.P.No.17689 of 2026 For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. Consequently, interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 09.06.2026 Index : Yes/No Neutral Citation : Yes/No sasi To: 1. The Presiding Officer Debts Recovery Tribunal-III (DRT-3), Chennai. 2. The Authorized Officer Indian Bank, Guindy Branch, 131 SIDCO Building, GST Road, Guindy, Chennai-32. ______________ https://www.mhc.tn.gov.in/judis W.P.No.17689 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) WP No.17689 of 2026 09.06.2026 ______________ https://www.mhc.tn.gov.in/judis