The petitioner, a borrower with a pending application before the Debts Recovery Tribunal in Coimbatore, sought an order prohibiting the respondent from taking property possession. The court noted a presiding officer was available to handle the case. While not interfering with the Tribunal's functions, the court directed it to dispose of the pending application within 8 weeks. The order stated any consequential possession actions would be subject to the Tribunal's ruling. The writ petition was then disposed of without costs.

1. W.P. No. 13347 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE R.HEMALATHA
W.P.No. 13347 of 2020
G.Selvam ... Petitioner
Vs.
M/s.Shriram Housing Finance Limited,
rep.by its Authorised Officer,
No.123, Angappa Naicken Street,
Chennai-600 001 ... Respondent
Petition under Article 226 of the Constitution of India praying for
a writ of mandamus forbearing the respondent, their men, officers,
agents, servants, representatives or any one claiming through or
under them or any other person from proceeding any further in terms
of Possession Notice dated 14.12.2018 till such time the appeal to be
disposed of by the Debts Recovery Tribunal at Coimbatore in S.A.No.46
of 2019.
For Petitioner .. Mr.S.Ezhilraj
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2. W.P. No. 13347 of 2020
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.)
The petitioner herein, who is a borrower and whose application is
stated to be pending consideration before the Debts Recovery Tribunal,
Coimbatore in S.A.No.46 of 2019 seeks prohibitory order on the
proposed taking over of the possession today (22.09.2020).
2.Though the writ petition has been filed on the premise that
there is no Presiding Officer, we find that the Presiding Officer is
available.
3.In such view of the matter, we do not want to interfere with
the functioning of the jurisdictional Tribunal. However, taking into
consideration the pendency of the application filed, we direct the Debts
Recovery Tribunal, Coimbatore to dispose of S.A.No.46 of 2019 within
a period of eight weeks from the date of receipt of a copy of this order.
Needless to state that any consequential action pursuant to the
possession notice shall be subject to the orders to be passed by the
Tribunal.
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3. W.P. No. 13347 of 2020
4.With the above direction, the writ petition stands disposed of.
No costs.
(M.M.S., J.) (R.H., J.)
22.09.2020
Index:Yes/No
mmi/ssm
Note: Registry is directed to upload the order on 24.09.2020
To
1.The Authorised Officer,
M/s.Shriram Housing Finance Limited,
No.123, Angappa Naicken Street,
Chennai-600 001
2.The Debts Recovery Tribunal,
Coimbatore
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4. W.P. No. 13347 of 2020
M.M.SUNDRESH, J.
and
R.HEMALATHA,J.
mmi/ssm
W.P.No. 13347 of 2020
22.09.2020
Page 4 of 4
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