Dismissed

1. M/s. Ans Industries, Rep. by its Managing Partner Mr. S. Anbarasan and 4 Others v. State Bank of India

DRAT6 Feb 2025

Case brief

AI extract

What is this about?

The Tribunal dismissed an application for condonation of 620 days delay and rejected the fresh appeal. The court held that since the initial appeal was rejected for defects without adjudication on merits, the appellant should have appealed that rejection instead of filing a new appeal.

What did the court decide?

Application for condonation of delay dismissed resulting in rejection of the appeal.

1. M/s. Ans Industries, Rep. by its Managing Partner Mr. S… — Banking and Recovery | DRAT (2025)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI

¶2

Dated the 6^th day of February, 2025

¶3

PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN

¶4

CHAIRPERSON

¶5

IA 21/2024 (Delay) In

¶6

AIR 767/2023

¶7

(Arising out of T.A.No.86/2019 on the file of DRT-I, Chennai)

¶8

Between

¶9

M/s. ANS Industries, Rep. by its Managing Partner, Mr. S. Anbarasan, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶10

Mr. S. Anbarasan, S/o. Late Swaminathan, Managing Partner of M/s. ANS Industries, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶11

Mrs. A. Rajakumari, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶12

Mrs. S. Navaneetham, W/o. Late. Swaminathan, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶13

¶14

Mrs. Tennarasi, D/o. Late Swaminathan, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶15

… Appellants

¶16

And

¶17

State Bank of India, Rep. by its Chief Manager, Stressed Asset Management Branch, Red Cross Buildings, 32, Montieth Road, Egmore, Chennai – 600 008.

¶18

Mr. S.T. Palanisamy, No. 73/27, V.P. Koil Street, Pichanur, Gudiyattam, Vellore District.

¶19

Mr. A. Anna Durai, No. 4/7, Periyar Street, Pavendar Nagar, Rangapuram, Vellore – 630 009.

¶20

Mrs. Tamilselvi, D/o. Late Swaminathan, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602.

¶21

Mr. Arivarasan, S/o. Late. Swaminathan, S.F.No. 51/4B, Perumbadi Road, Nellurpet, Gudiyattam, Vellore District – 632 602. …Respondents Counsel for Appellants : M/s. P. Tamilavel Counsel for Respondent R1 : M/s. Ramalingam & Associates Counsel for Respondent R2 to R5 : None

¶22

¶23

ORDER

¶24

Ld. Counsel for petitioners/appellants is present. Ld. Counsel for R1 bank is present in VC.

¶25

This application is filed seeking condonation of delay of 620 days in filing this appeal.

¶26

Ld. Counsel for petitioners submitted that respondent bank filed TA No.86/2019 before DRT-I, Chennai for recovery of a sum of Rs.1,94,02,972.88p. After contest, the said TA was allowed on 31.8.2021 and the petitioners got knowledge of disposal of TA only on 18.10.2021. Immediately on 20.10.2021 petitioners filed Writ Petition No.23989/2021 before Hon’ble High Court of Madras against the said order and the writ petition was dismissed on 10.11.2021. It is further submitted that on 18.11.2021, petitioners filed AIR 205/2021 before this Tribunal against the disposal of TA No.86/2019. Since there was no Chairperson for sometime, petitioners again moved a Writ Petition No.25792/2021 on 15.3.2022 before the Hon’ble High Court of Madras and the said WP was also dismissed on 31.8.2021. It is further submitted that on 24.3.2022 the appeal filed before this Tribunal i.e. AIR 205/2021 was declined by the Ld. Registrar for non compliance of directions on the defects noted in the appeal. Thereafter, petitioners filed this appeal afresh i.e., AIR 767/2023 on 12.6.2023 . Ld. Counsel submitted that all these factors contributed to the delay of 620 days filing this appeal and prayed the Tribunal to condone the delay.

¶27

Ld. Counsel for R1 Bank opposed this petition on the ground that earlier appeal i.e, AIR 205/2021 was rightly declined by the Registry for non compliance directions of the Registry on the defects noted in the appeal and thereafter fresh appeal cannot be filed.

¶28

I have considered the rival submissions and perused the record.

¶29

It is seen from the submissions made by parties, that petitioners filed Writ Petition Nos23989/2021 and 25792/2021, which were not even filed within time. Therefore, after the Registry declined to entertain Appeal AIR 205/2021 for non compliance of

¶30

¶31

directions on the defects noted in the appeal, petitioners ought to have filed an appeal against the order declining to entertain Appeal AIR 205/2021 before this Tribunal. Without doing that, a fresh appeal i.e. AIR 767/2023 is filed which cannot be entertained.

¶32

In that view of the matter, delay of 620 days in filing of this appeal cannot be entertained.

¶33

Accordingly Application IA 21/2024 (Delay) is dismissed resulting in rejection of Appeal AIR 767/2023.

¶34

Sd/- (JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

¶35

1. M/s. Ans Industries, Rep. by its Managing Partner Mr. S. Anbarasan and 4 Others v. State Bank of India

Case brief

What is this about?

What did the court decide?

1. M/s. Ans Industries, Rep. by its Managing Partner Mr. S. Anbarasan and 4 Others v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ms Limra Feeds and Farms versus Indian Bank

T.K.Jaikanth versus Ao, Indiabulls Housing Finance

Tnmb Ltd. versus G Kumar and Anr.

P Parameshwari versus Karur Vysya Bank

Idfc Bank Limited versus Geeta R Kodikoppa

Lijo P Jose versus Federal Bank