Dismissed

Mrs Ponnammal Wife of Subramaniam v. Shriram City Union Finance Limited

DRAT3 Jan 2025

Case brief

AI extract

What is this about?

This is an application for waiver of pre-deposit in an appeal under the SARFAESI Act. The appellant failed to deposit 25% of the decretal amount within the stipulated time. The Tribunal dismissed the waiver application and consequently rejected the underlying appeal due to non-compliance.

What did the court decide?

The application for waiver was dismissed and the appeal AIR (SA) 595/2024 was rejected.

Mrs Ponnammal Wife of Subramaniam versus Shriram City Union… — Banking and Recovery | DRAT (2025)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 03^rd Day of January, 2025

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PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON

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IA 430/2024 (Waiver) In AIR (SA) 595/2024

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(Arising out of SA 176/2024 on the file of DRT, Coimbatore)

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Between

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Mrs.S.Ponnammal, W/o. Subramaniam No.29B/62, Nallankattu Thottam, Merkku Ratha Street, Kumarapalayam, Annur, Coimbatore – 641 653 …Appellant

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And

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M/s. Shriram Finance Ltd., Formerly M/s.Shriram City Union Finance Ltd Registered Office at:

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No.14 – A, Sri Towers, South Phase, Industrial Estate, Guindy, Chennai – 600 032.

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Branch Office at:

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Shriram House, Rep. by its Authorised Officer, 11^th Cross, Ramachandrapuram, Thillai Nagar, Trichy – 620 018.

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Mr.S.Dharmaraj,

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S/o.Mr.Subramaniam, No.29B/62, Nallankattu Thottam, Merkku Ratha Street, Kumarapalayam, Annur, Coimbatore – 641 653

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Mrs. Mohanadevi.D, W/o. Dharmaraj, D.No.24/46, Makali Amman Kovil Street,

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Chettiyar Thottam, Annur, Coimbatore – 641 653.

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Mr.Subramaniam.K, S/o.Krishna Gounder, D. No.29B/62, Nallankattu Thottam, Merkku Ratha Street, Kumarapalayam, Annur, Coimbatore – 641 653. …..Respondents Counsel for Appellant : V.P.Parivallal Counsel for R1 to R3 : None

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R4 is given up

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ORDER

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This matter is coming up today for reporting compliance of statutory deposit.

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This Tribunal vide its order dated 12.12.2024 directed the petitioner/appellant to deposit 25% of Rs.52,91,496/- within a period of three weeks from 12.12.2024 towards pre-deposit and the said period of three weeks had expired on 02.01.2025 and the matter was posted to this date for reporting compliance.

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When the matter is taken up today, it is reported by the Office as well as by Ld. Counsel for petitioner/appellant that pre-deposit, as ordered by this Tribunal on 12.12.2024 is not complied with.

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Under the circumstances, this application IA 430/2024 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 595/2024, by giving effect to conditional order dated 12.12.2024.

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Sd/-

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[Justice G. Chandrasekharan] CHAIRPERSON

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Mrs Ponnammal Wife of Subramaniam v. Shriram City Union Finance Limited

Case brief

What is this about?

What did the court decide?

Mrs Ponnammal Wife of Subramaniam v. Shriram City Union Finance Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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