IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR

AND

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

W.P.No.9804 of 2013

and

M.P.Nos.1 and 2 of 2013

1.Coimbatore Periyar District Dravida

Panchalai Thozhilalar Munnetra Sangam,

Rep. by its General Secretary,

No.2, Anna Nagar, Tiruppur - 1.

2.R.Ranganathan

... Petitioners

vs.

1.Debts Recovery Tribunal,

Rep. by its Recovery Officer,

Cauvery Complex,

No.1670, Trichy Road,

Ramanathapuram,

Coimbatore - 641 045.

2.Central Bank of India,

Asset Recovery Management Branch,

III Floor, No.48 & 49, Montieth Road,

Egmore, Chennai - 600 006.

3.K.Parthasarathy Spinning Mills,

Ganapathypalayam,

Udumalpet Taluk,

Tiruppur District.

4. Pavan Kishore

... Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India, praying for the issuance of a writ of

Certiorarified Mandamus, after calling for the records relating

to the sale proclamation issued by the 1st respondent Tribunal

in "The Hindu" Coimbatore Edition on 10.03.2013 issued by the

1st respondent in RP No. 1 of 2012 in DRC No. 1 of 2012 in

O.A.No.378 of 2003 , Tribunal and to quash the same as being

without illegal, arbitrary and contrary to the provisions of the

Act and to explore the possibility of one time settlement with

the 4th respondent so as to enable Mills to continue and to

provide employment to the workers.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioners: Mr.Ram Siddhartha

For R2

: Mr.B.Thilak Narayanan

for Mr.T.M.Hariharan

ORDER

(Order of the Court was made by S.MANIKUMAR, J)

Instant Writ Petition is filed to call for the records,

relating to the sale proclamation, issued by the 1st

respondent/Debts Recovery Tribunal, Coimbatore, in "The Hindu"

Coimbatore Edition, on 10.03.2013 issued by the 1st respondent,

in RP No. 1 of 2012 in DRC No. 1 of 2012 in O.A.No.378 of 2003,

Tribunal, and to quash the same as being without illegal,

arbitrary and contrary to the provisions of the Act and to

explore the possibility of one time settlement with the 4th

respondent so as to enable Mills to continue and to provide

employment to the workers.

2. Mr.B.Thilak Narayanan, learned counsel on record,

representing Mr.T.M.Hariharn, counsel for the Central Bank of

India/second respondent herein, has filed typed set of papers on

27.01.2018. Earlier counter affidavit has been filed.

3. Learned counsel for the Central Bank of India/second

respondent herein, submitted that the sale proclamation dated

27.03.2013, has been challenged by the borrower before the Debts

Recovery Tribunal, Chennai, and that the said proclamation was

set aside. Thereafter, on appeal, Debts Recovery Appellate

Tribunal, Chennai, reversed the said decision. Sale was not

effected on 27.03.2013.

4. Though, sale proclamation was sustained by the Appellate

Tribunal, even today, the property has not been sold.

5. Heard learned counsel for the both sides and perused all

the materials available on record.

6. E-auction sale proclamation has been issued in

R.P.No.1/2012 in DRC No.1/2012 dated 05.10.2012 in OA No.378 of

2013 between Central Bank of India and M/s.Parthasarathy

Spinning Mills and Others. E-auction fixed on 27.03.2013, has

not taken place as on today. Challenge to the sale proclamation

does not survive. Further, only the borrower or guarantor can

seek for onetime settlement.

https://hcservices.ecourts.gov.in/hcservices/

7. In view of the above, reliefs sought for the by the

petitioner, cannot be granted.

8. Accordingly, this Writ Petition is dismissed. No Costs.

Consequently, connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar(CS VIII)

//True Copy//

Sub Assistant Registrar

dm

To

1. The Recovery Officer,

Debts Recovery Tribunal,

C