IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :11.06.2007 C O R A M : THE HONOURABLE MR.A.P.SHAH, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION Nos.41416 and 41320 of 2005 and connected miscellaneous petition M/s. Jail Electronic (Partnership Firm) rep. By its Partner N. Jayakumar. ... Petitioner in both the Wps. -vs- Central Bank of India rep. By its Authorised Officer Cross Cut Road Branch Regional Office Coimbatore. .. Respondent in WP.41416/2005
1.Chairman & Managing Director
The New India Assurance Company Ltd.,
Regl. & Head Office
New India Assurance Buildings
Mahatma Gandhi Road
Mumbai.
2.The Divisional Manager
New India Assurance Company Ltd.,
389-391 Cross Cut Road
Gandhipuram, Coimbatore 12.
3.The Divisional Manager
New India Assurance Company Ltd.,
People Park Building
I Floor, 11-19, and 20
Govt. Arts College Road
Coimbatore 641 018.
4.State Consumer Disputes Redressal
Forum at Chennai
Slum Clearance Board Building
Mandavalipakkam
Chennai 600 028. .. Respondents in WP.41320/05
Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus as stated therein.
For petitioner :: Mr. K.V. Subramanian, Sr.Counsel
for Mr. MA. Abdul Wahab
For respondents :: Mr. F.B. Benjamin George
COMMON ORDER
( MADE BY P.JYOTHIMANI,J.)
The Writ Petition No.41416 of 2005 has been filed to forbear the respondent Bank from proceeding with the sale by auction or other modes in respect of the guarantee relating to Shri. Balashanmugam’s properties described in schedule in O.A.No.296 of 2003 on the file of Debts Recovery Tribunal at Coimbatore till O.P.No.51 of 2003, is disposed of by the State Consumer Disputes Redressal Forum at Chennai and Writ Petition No.41320 of 2005, is for direction against the 4th respondent, State Consumer Disputes Redressal Forum at Chennai to dispose of O.P.No.51 of 2003, on merits.
2. It is the case of the petitioner that by virtue of certain disputes between them, who are dealers in electronic goods and the owner of Singapore Plaza from whom they have taken lease of their shop and subsequent fire accident which took place in their business place on 30.04.2001 at 2.30 am, by which all the stocks have been totally burnt, in respect of which there has been a criminal case. It was in that regard, the petitioners have approached the Insurance Company, viz., respondents 1 to 3 in W.P.No.41320 of 2005, for payment of amount of loss incurred due to fire accident. Since the Insurance Company has not paid the amount, the petitioners have moved the State Consumer Disputes Redressal Forum by filing O.P.No.51 of 2003, claiming compensation and the same is pending. It is the further case of the petitioners that, in the meantime, the respondent in W.P.No.41416 of 2005, viz., Central Bank of India, from whom the petitioners have obtained loan have issued notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “SARFACI Act”). According to the petitioners, since their claim in respect of loss caused to the stocks is pending before the Insurance Company and in turn it is pending with the State Consumer Disputes Redressal Forum, the Central Bank of India must be forbidden from going ahead with Section 13 (2) notice stated above. It is also admitted that the respondent Bank has filed O.A.No.296 of 2003 before the Debts Recovery Tribunal at Coimbatore.
3. We have heard learned senior counsel Mr. K.V. Subramanian for the petitioner and the learned counsel Mr. Benjamin George for respondents.
4. On the face of it, when the Bank has proceeded in filing application under the Recovery of Debts Due to Banks and Financial Institutions Act,1993, it is not for this Court to interfere at this stage, for, the petitioner has remedy available under the Act. In these circumstances without expressing any opinion on the merits of the case, W.P.No.41416 of 2005, is disposed of with direction to the Debts Recovery Tribunal, Coimbatore, to decide the matter in accordance with law, expeditiously. Writ Petition No.41320 of 2005, is disposed of with direction to the State Consumer Disputes Redressal Forum at Chennai, to dispose of O.P.No.51 of 2003, pending on its file expeditiously, in any event within a period of four weeks from the date of receipt of copy of this order.
The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
kh
To
1.The Authorised Officer
Central Bank of India
Cross Cut Road Branch
Regional Office
Coimbatore.
2.Chairman & Managing Director
The New India Assurance Company Ltd.,
Regl. & Head Office
New India Assurance Buildings
Mahatma Gandhi Road
Mumbai.
3.The Divisional Manager
New India Assurance Company Ltd.,
389-391 Cross Cut Road
Gandhipuram, Coimbatore 12.
4.The Divisional Manager
New India Assurance Company Ltd.,
People Park Building
I Floor, 11-19, and 20
Govt. Arts College Road
Coimbatore 641 018.
5.State Consumer Disputes Redressal
Forum at Chennai
Slum Clearance Board Building
Mandavalipakkam
Chennai 600 028.