(Order of the Court was made by S.MANIKUMAR, J) Material on record discloses that O.A.No.140 of 2011 against M/s. Jayanthi Textiles, Mr.A.Mahalingam, M. Mailathal and Mr.Chennaiappan, for recovery of dues payable to the Bank.
2. On 14/1/2015, the Debts Recovery Tribunal, Coimbatore, has allowed O.A.No.140 of 2011 and D.R.C.No.64 of 2015 has been issued, on 13/10/2015, pertaining to property, more fully described in Item No.2 in Schedule B to O.A.No.140 of 2011.
3. Contending inter alia that documents have been forged, without his knowledge, petitioner has filed M.A.No.58 of 2016, for impleading him as a party respondent. Petitioner is also stated to have filed two applications, M.A.SR.No.4155 and 4156 of 2017, to set aside the order made in O.A.No.146 of 2011, dated 14/1/2005 and M.A.SR.No.4156 of 2017 for stay of the said order.
4. Material on record discloses that in M.A.No.58 of 2016, on 11/10/2017, arguments have been made on behalf of the petitioner herein. For the respondent's arguments of the respondents therein, in M.A.No.58 of 2016, matter has been adjourned to 13/11/2017.
5. Mr.T.V.Suresh Kumar, learned counsel for the petitioner submitted that M.A.No.58 of 2016 has been re-notified to 6/12/2017, for arguments on behalf the respondents therein.
6. While the matter stood thus, instant Civil Revision Petition has been filed for a prayer to take M.A.SR.No.4156 of 2017, filed on 3/5/2017 and decide the same along with M.A.No.58 of 2016, in accordance with law, within a time frame.
7. Supporting the prayer sought for, learned counsel for the petitioner submitted that impleading petition in M.A.No.58 of 2016, http://www.judis.nic.incannot be decided, unless the final order is set aside. He also contended that M.A.SR.No.4155 of 2017 has been filed to stay the order made in O.A.No.140 of 2011, dated 14/1/2015, has to be heard along with M.A.No.58 of 2016. Though another CRP is stated to have been filed for a prayer to take M.A.SR.No.4155 of 2017 along with M.A.No.58 of 2016, the same is not before us.
8. Contention of the learned counsel that C.M.A.No.58 of 2016 cannot be decided unless the final order in O.A.No.140 of 2011 is set aside, cannot be countenanced.
9. Firstly, the Tribunal has to decide as to whether the petitioner is a proper and necessary party, for the issues to be adjudicated in O.A. Unless and until a decision is taken, it is not open to the petitioner, to seek for an order, to set aside the O.A order, and to grant stay, in the meanwhile. Therefore, the prayer sought for, in the instant petition, to direct the Debt Recovery Tribunal, Coimbatore, to take M.A.SR.No.4156 of 2017 along with M.A.No.58 of 2016, cannot be granted. When the question as to whether the petitioner is a necessary and proper party is yet to be decided, instant Civil Miscellaneous Petition, failed to accept the cause title, also http://www.judis.nic.incannot be granted.
10. In view of the above, Civil Miscellaneous Petition is dismissed. C.R.P.SR is rejected.
mvs.
Index: Yes/No website: yes/No To
1. The Chief Manager Karur Vysya Bank Ltd No.315, I Floor, Kumaran Road Overseas Branch Tiruppur.
2. The Debts Recovery Tribunal, Coimbatore (S.M.K., J.) (R.S.K.J) 24th November 2017 S.MANIKUMAR,J & R.SURESH KUMAR,J mvs.
C.R.P.SR.No.87541 of 2017 a n d C.M.P.No.20051 of 2017 24/11/2017