Disposed

Rafeek raja v. Sundaram Small Finance Bank Limited

DRAT21 Jul 2025MISC APPEAL/48/2025

Case brief

AI extract

What is this about?

The DRT-Appeals Tribunal disposed of an appeal filed against an interim order regulating the main appeal proceedings. It directed the learning Presiding Officer to dispose of the main case on merits and stayed proceedings for two months, allowing the Presiding Officer to decide on the stay's continuation.

What did the court decide?

A two-month interim stay on further proceedings in the main appeal, with a direction to the Presiding Officer to dispose of the main appeal expeditiously.

Rafeek raja versus Sundaram Small Finance Bank Limited — Banking and Recovery | DRAT (2025)

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MA (SA) 48/2025

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 21^st day of July, 2025

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PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON

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MA (SA) 48/2025

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(arising out of IA 1451/2025 in SA 263/2025 on the file of DRT-Madurai)

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Between

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1. Mr. Rafeek Raja, S/o Sharfudeen

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2. Sharmila Banu, W/o Rafeek Raja

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Appellants 1 and 2 are at:

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Door No.1008, Puthunatham East, Near to Ration Shop, Manaparai, Trichy 621 310.

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…..Appellants

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And

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1. The Authorised Officer, Sudaram Home Finance Ltd. Corporate Office, Sundaram Towers, No.46, Whites Road, Chennai 600 014.

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2. The Branch Manager, Sundaram Home Finance Ltd. Branch Office, Trichy Bus Operators Association Building, “Bus Plaza”, No.5-G, 2^nd Floor, Lawsons Road, Cantonment, Trichy 620 001.

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…..Respondents

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Counsel for Appellants	: M/s P. Tamilavel & Co.
Counsel for respondents	: Mr. K.J. Parthasarathy & Co.

MA (SA) 48/2025

ORDER

This appeal is filed under Section 18 of the SARFAESI Act against the order dated 4.4.2025 passed by Learned Presiding Officer, DRT, Madurai in IA No.1451/2025 (stay) in SA No.263/2025.

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Learned Counsel for appellants and Learned Counsel for respondents are present.

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This appeal is filed against the interim order passed in IA No.1451/2025 seeking say of all further proceedings in SA No.263/2025. The aforesaid SA was filed challenging the order passed by Learned CJM, Karur in Crl.MP. No.426/2025. Learned Presiding Officer, DRT, Madurai passed an order in the said IA 1451/2025 on 4.4.2025, directing the appellants to make a payment of 35% of the amount claimed i.e., Rs.48,28,031/directly to the 2^nd respondent in three equal instalments. Challenging the said order, this appeal is filed.

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It is seen that at the time of entertaining this appeal, appellants made a pre-deposit of 25% of Rs.48,28,031/-. This appeal is now ripe for enquiry.

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However, since this appeal is filed only against an interim order, this Tribunal is of the view that that this appeal can be disposed of, by giving

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MA (SA) 48/2025

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a direction to the Learned Presiding Officer, DRT, Madurai to dispose of

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the SA 263/2025, as expeditiously as possible.

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Accordingly, Learned Presiding Officer, DRT, Madurai is directed to

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dispose of SA 263/2025, as expeditiously as possible, on merits and in accordance with law.

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However, there shall be an interim order of stay of further proceedings for a period of two months from today. Learned Presiding Officer is directed to make endeavour to dispose of the SA 263/2025 as expeditiously as possible. It is open to the Learned Presiding Officer to decide on the continuation of stay order, on the basis of need and exigency.

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In the result , Appeal MA(SA) 48/2025 is disposed of, with the above

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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 21^st July, 2025)

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Sd/- (JUSTICE G. CHANDRASEKHARAN)

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CHAIRPERSON

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Rafeek raja v. Sundaram Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

Rafeek raja v. Sundaram Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

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