The Appellate Tribunal dismissed a miscellaneous application filed by appellants seeking to set aside an order dismissing their deed for default representation. The Tribunal rejected the claim of an incorrect hearing date and found the absence not convincing.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 27th day of September, 2023
PRESENT: HON'BLE MR. JUSTICE S.RAVI KUMAR CHAIRPERSON
Misc. Application 9/2023 (to set aside)
In
AIR 180/2021
(OA 680/2018 on the file of DRT-II, Chennai)
Between
1. Mr. A. Krishna Babu S/o Late Mr. M. Annamalai, Prop: M/s Shree Mahaganapathy Traders, No.38/28, New Vaniyankulam 3rd Street, Thiruvannamalai 606 601.
2. Mrs. Malarkodi, W/o Late Mr. M. Annamalai,
3. Mr. A. Senthil, S/o Late Mr. M. Annamalai,
4. Mr. A. Nagaraj, S/o Late Mr. M Annamalai,
Appellant 2 to 4 are at:
No.40/3, New Vanniyankulam 3rd Street, Thiruvannamalai 606 601.
…Appellants
And
1
1. Tamilnad Mercantile Bank Ltd. Thiruvannamalai Branch, Rep. by its Senior Manager Mr. N. Nagarajan, No.91/106, Big Street, Tiruvannamalai District.
2. Late Mrs. Nagammal (died) M/o Late Mr. Annamalai, No.40/3, New Vaniyankulam 3rd street, Thiruvannamalai 606 601.
…Respondent Bank
Counsel for Appellants : M/s P. James Victor Rajkumar & Co. Counsel for R1 Bank : M/s E. Kumar
R2 is given up.
ORDER
This application is filed for setting aside order of this Tribunal dated 1.3.2023 and giving opportunity to petitioners/appellants to prosecute IA 663/2021 (Delay in representation) in AIR 180/2021.
Heard both sides and perused the material papers.
As seen from records, IA 663/2021 is an application filed to condone delay in representation of AIR 180/2021 and according to affidavit filed in support of this petition, application to condone delay in representation came up for hearing on 4.12.2022 and due to no sitting of Tribunal, case was reposted to 1.3.2023 and however due to wrong noting of date, counsel for petitioners/appellants was unable to be present on 1.3.2023, therefore, there is no willful default on the part of counsel but only due to above said reasons.
2
As seen from records, the said statement is not correct. According to proceeding sheet, application for delay in representation has come up got hearing on 29.9.2022 and only on request of advocate for petitioners/appellants, it was posted to 17.11.2022 for hearing. On 17.11.2022, there was no representation for petitioners/appellants, when R1 bank reported ready and the case was posted to 4.1.2023 under the caption of ‘dismissal’. On 4.1.2023, there was no sitting and the case was reposted to 1.3.2023 and on that day, matter was dismissed for default.
The contention of petitioners/appellants that due to wrong noting of date on 4.12.2022 and due to no sitting on that day, the counsel was unable to be present and there was no willful default on the part of petitioners itself is totally wrong and cannot be accepted as there was no posting to 4.12.2022. Further, there were two more hearings prior to 4.1.2023. When there was no hearing on 4.12.2022, contention of petitioners/appellants that date is wrongly noted cannot be accepted.
Considering the above, I am of the considered view, request of the petitioners/appellants for setting aside order of this Tribunal dated 1.3.2023 cannot be accepted and reasons for absence are not convincing, on the contrary, they are incorrect.
Accordingly, Miscellaneous Application 9/2023 (To set aside) is dismissed with no order as to costs.
Sd/[Justice S. Ravi Kumar] CHAIRPERSON
3
1 issue framed by the court
Whether to set aside the Tribunal order dated 1.3.2023 dismissing the petitioners for default.
A. Krishna Babu & Ors.
Tamilnad Mercantile Bank Ltd.
S. Ravi Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
