Allowed

Indian Overseas Bank v. K Senthil Kumar

DRAT13 Mar 2024REGULAR APPEAL/40/2018

Case brief

AI extract

What is this about?

In an appeal against an order dismissing an operative appeal (OA) and an interlocutory application (IA) posted for the last chance, the Appellate Tribunal held that dismissing the OA while the main trial was concluded was unwarranted and passed without application of mind. The Tribunal set aside the impugned order, restored the OA and IA for disposal in accordance with law, and awarded costs to th

What did the court decide?

Appeal allowed with costs; impugned order set aside; OA 54/2014 and IA 1195/2017 restored for fresh consideration and disposal in accordance with law.

Indian Overseas Bank versus K Senthil Kumar — Banking and Recovery | DRAT (2024)

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RA 40/2018

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 13^th of March, 2024

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PRESENT: Hon’ble Mr. Justice S. Ravi Kumar CHAIRPERSON

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RA 40/2018

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(OA 54/2014 on the file of DRT-III, Chennai)

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Between

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M/s Indian Overseas Bank, Chidambaram Branch, No.8 & 9, West Car Street, Chidambaram, Cuddalore District 608 001.

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……Appellant Bank

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And

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Mr. K. Senthilkumar, S/o Kaliyamoorthy, 2/86, Mela Street, Thirunandriyur & Post Sirkali Taluk.

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….. Respondent

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Counsel for Appellant Bank : M/s Ananda Gomathy & Co. Counsel for Respondent : M/s G. Vijayakumar & Co.

RA 40/2018

ORDER

This Appeal is preferred under Section 20 of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 against order dated 27.12.2017 wherein Tribunal below dismissed OA No.54/2014.

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Heard both sides.

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As seen from impugned order dated 27.12.2017, it is clear that IA No.1195/2017 is posted for enquiry as last chance, but, it appears junior counsel for appellant sought time on the ground that senior is out of station and Tribunal below while refusing adjournment as matter was posted as last chance dismissed OA along with IAs. The very order itself speaks that said IA is posted for enquiry as last chance. Advocate for respondent who opposed this appeal also submitted that IA which is filed for amendment of pleadings in the OA is posted as last chance to 27.12.2017 as appellant took time on previous occasions. Impugned order does not speak that appellant took time on previous adjournments also. But, the fact that remains is IA 1195/2017 alone is posted on 27.12.2017 as last chance.

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It is not in dispute that in main OA trial is concluded and it is coming up for arguments. When that is the case, dismissing OA by impugned order dated 27.12.2017 is unwarranted. I can understand if Tribunal below dismissed interlocutory application i.e., IA 1195/2017 and decided OA on merits in which trial is already concluded. But, unfortunately, through impugned order OA is dismissed

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RA 40/2018

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and consequently IAs are dismissed as if OA is coming for arguments as last chance. As rightly pointed out by Advocate for appellant, impugned order cannot be sustained as it is passed without application of mind.

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Advocate for appellant bank sought for remand of the matter for fresh consideration, for which, other side strongly opposed. Only argument of advocate for respondent is that claim of bank is wrong. Admittedly, this aspect is not decided and OA was dismissed for non prosecution.

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On a perusal of material papers, I am of the considered view that objection taken by respondent is not tenable as impugned order is not legal and cannot be sustained.

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For the above reasons, Appeal RA 40/2018 is allowed with costs. Impugned order dated 27.12.2017 is set aside. Tribunal below shall restore IA 1195/2017 and OA 54/2014 to file and decide them in accordance with law.

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8. All pending IAs, if any, stand closed.

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[Dictated to Steno(SN), transcribed by him, corrected, signed and pronounced by me in open court, this 13^th March, 2024)

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Sd/- [ Justice S. Ravi Kumar ] CHAIRPERSON

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Indian Overseas Bank v. K Senthil Kumar

Case brief

What is this about?

What did the court decide?

Indian Overseas Bank v. K Senthil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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