S GOWRI Vs. LAKSHMI VILAS BANK LTD

JUDGEMENT

(1.) The petitioner has come forward with this writ petition praying for a Writ of Mandamus directing the third respondent to decide the interim application in I.A.Sr. No. 1496 of 2010 in O.A. No. 89 of 2007 on merits and thereafter decide the main O.A. No. 89 of 2007 on the file of the Debt Recovery Tribunal-III, Chennai.

(2.) Brief facts of the case are that the first respondent/bank has filed O.A. No. 100 of 2007 (Old OA No. 206 of 1997) before the third respondent/ Tribunal against the petitioner herein for recovery of Rs.2,01,96,887.59 together with contractual interest at the rate of 22.5% from the date of filing the Original Application. In the meantime, the first respondent bank assigned its assests vide an assignment agreement dated 25/1/2007 to the second respondent. Earlier, the petitioner has filed I.A. No. 667 of 2005 in O.A. No. 100 of 2007 (Old O.A. No. 206 of 1997) to send for certain documents from the bank. After hearing both sides, the Debt Recovery Tribunal-III dismissed the said I.A. No. 667 of 2007 with costs of Rs.3,000.00. Thereafter, the petitioner has filed another I.A. Sr.No. 1496 of 2010 before the Debt Recovery Tribunal-III, Chennai to direct the Senior Terminal Manager, Indian Oil Corporation, Korukkupet Terminal, Kathivakkam High Road, Kathivakkam, Chennai - 19 to produce the file relating to key cash credit relating to the petitioner's account with the first respondent/bank, but the same was not numbered. As against the same, the present writ petition is filed for a Mandamus directing the third respondent/Tribunal to decide the interim application in I.A.Sr. No. 1496/2010 in O.A. No. 89/2007 on merits and thereafter decide the main O.A. No. 89/2007.

(3.) We have heard the learned senior counsel for the petitioner and Mr. M. Rajamanickam along with Mr. R. Rajesh Vivekananthan, learned counsel appearing for the respondents 1 and 2.