R. Krishnamoorthy vs UCO Bank

K. Ravichandrabaabu, J.—By consent, the writ petition is taken up for final disposal.

Heard Mr. A.R.L. Sundresan, learned Senior Counsel for the petitioner, Mr. P.V. Balasubramanian, learned counsel for the first respondent and Mr. V. Subbiah, learned Special Government Pleader for the second respondent.

This writ petition is filed with the following relief:-

"to issue a writ of certiorarified mandamus calling for the records of the second respondent in Assignment Deed dated 31.12.2008 under SARFAESI Act registered as Doc.No. 1354/2009 on the file of the third respondent as an encumbrance on the property being vacant land measuring an extent of 10.78 Acres comprised in S.F. No. 378 of Muthannampalayam Village Chettipalayam, Dharapuram Road, Tirupur Taluk Coimbatore District among others based on the registration of the said Assignment Deed and quash the said registration holding the debt had been fully discharged".

In this writ petition, the petitioner seeks to challenge the Assignment Deed dated 31.12.2008, by raising very many grounds.

The 2nd respondent has filed a counter affidavit, wherein, it is stated that the very same petitioner has filed S.A. No. 94 of 2010 before the Debt Recovery Tribunal, (hereinafter referred to as the DRT), Coimbatore to set aside the entire proceedings initiated under the SARFAESI Act and the said S.A. No. 94 of 2010 came to be dismissed by the DRT and thereafter, the petitioner challenged the said order passed by the DRT before the Debt Recovery Appellate Tribunal (hereinafter referred to as the DRAT), Chennai in R.A. No. 144 of 2012, by raising the very same grounds raised in this writ petition. It is also stated that the said R.A. No. 144 of 2012 is pending adjudication.

Mr. A.R.L. Sundresan, learned Senior Counsel for the petitioner is not disputing the said fact and it is also admitted in the affidavit filed in support of this writ petition.

Considering the above stated facts and circumstances and in view of the fact that the grounds raised in this writ petition have already been raised before the DRAT, Chennai in R.A. No. 144 of 2012, which is pending for adjudication, we are of the view that parallel proceedings cannot be initiated by way of filing this writ petition.

Therefore, this writ petition is dismissed with liberty to the petitioner to agitate all the points raised in this writ petition before the DRAT, Chennai in R.A. No. 144 of 2012.

At this stage, learned counsel appearing for the respective parties pray for early disposal of R.A. No. 144 of 2012. Accordingly, the DRAT, Chennai is directed to take up R.A. No. 144 of 2012 and dispose of the same on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

No costs. Connected miscellaneous petition is also dismissed.