Remanded

Narayanasamy SreeKumar v. State Bank of India

DRAT7 Feb 2025MISC APPEAL/9/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the appeal filed against the order directing remittance of 50% of the determined amount. Setting aside the ex parte final order as the appellant had complied with the payment direction, the Tribunal remanded the main appeal for disposal on merits.

What did the court decide?

The ex parte final order dated 15.10.2020 is set aside; the matter is remanded to DRT-II, Chennai to dispose of the main appeal within three months.

Narayanasamy SreeKumar versus State Bank of India — Banking and Recovery | DRAT (2025)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 7^th day of February, 2025

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PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN

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CHAIRPERSON

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MA 9/2024

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(a rising out of MA 29/2010 in TA No.652/2022 (Old OA No.140/2019) on the file of DRT-II, Chennai)

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Between

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Narayanasamy Sreekumar (actually Narayanasamy Srikumar) No.39/6074A, Sivaprashadam, Ravipuram, Allappat Extension Road, Perumanur P.O., Cochin, Ernakulam 682 015.

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…..Appellant

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And

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State Bank of India, RACPC, Represented by its Manager, No.16, Whannels Road, Egmore, Chennai 600 008

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…..Respondent Bank

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Counsel for Appellant : M/s Prakash Gokhlaney & Co. Counsel for respondent bank : M/s M.L. Ganesh & Co.

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ORDER

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This appeal is filed under Section 20 of RDDB & FI Act, challenging the order passed in MA 29/2010 in TA No.652/2022 (Old No.OA 140/2019)

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on the file of DRT-II, Chennai directing the appellant herein to remit 50%

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of the amount determined in the final order passed in OA 140/2019(renumbered as TA 652/2022) on 15.10.2020.

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Ld. Counsel for appellant is present. Ld. Counsel for respondent bank is present in VC.

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When the matter is taken up, Ld. Counsel for appellant submitted that appellant has paid more than 50% of the amount, which fact is not disputed by the Ld. Counsel for the respondent bank.

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However, Ld. Counsel for respondent bank submitted that appellant is an NRI and he misused the NRI Loan by availing two loan from two different banks for purchasing one Flat and approached this Tribunal with unclean hands.

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As from the facts elicited above, this Tribunal is of the view that order imposed is only against the MA filed to set aside ex parte order in the main OA. Having complied with the direction issued by the Ld. Presiding Officer for payment of 50% of the amount determined , this Tribunal is of the view that ex parte final order dated 15.10.2020 passed in the OA against the appellant can be set aside, leaving open all other issued to be decided on merits during the enquiry before the Tribunal below.

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In that view of the matter, this Tribunal confirms the order of Ld. Presiding Officer, DRT-II, Chennai dated 11.8.2023 passed in MA 29/2020 in TA 652/2022 with a direction to the Ld. Presiding Officer to given an opportunity to the appellant to file written statement if any and dispose the TA as expeditiously as possible, preferably within three months from the date of receipt of a copy of this Order.

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In the result, Appeal MA No.9/2024 is disposed of, with the above observation and direction. Parties are directed to bear their own costs.

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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 7^th February, 2025)

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Sd/-

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(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

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Narayanasamy SreeKumar v. State Bank of India

Case brief

What is this about?

What did the court decide?

Narayanasamy SreeKumar v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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