The Tribunal allowed a suit appeal by setting aside an ex parte order against appellants after they paid a pre-deposit exceeding the tribunal's order amount. The OA was restored for merits disposal. Each party bears own costs.
Exparte order set aside; OA restored for merits disposal within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 15th October, 2025
PRESENT: Hon’ble Mr. Justice G. Chandrasekharan CHAIRPERSON
RA 12/2025
(Arising out of O.A.No.44/2017 On the file of DRT, Madurai)
Between
Kanyakumari.
… Appellants
And
Both are residing at 78/2, Sargunam Veethi East Ramavaramapuram, Nagercoil, Kanyakumari. (Respondent R2 Given Up …Respondents
1
Counsel for Appellant : Mr. G. Vairavasubramanian Counsel for Respondents : M/s. V. Chandrasekar
ORDER
When the matter is taken up, learned counsel for respondent submitted that as per the order passed by the Tribunal on 03/06/2025 Rs.2 crores was paid to the Bank, which included pre-deposit amount of Rs. 1,37,59,602/- and Rs.62,40,398/-. Learned counsel for the Bank also submitted that the appellants paid Rs.1,00,000/- in excess of Rs.2 crores as ordered by this Tribunal.
In this view of the matter, the appeal is allowed. The exparte order passed in the OA against the appellant is set aside. Appellants herein are directed to file their objection within a period of two weeks after the Tribunal restores the OA to file for further proceedings. Thereafter, the learned Presiding Officer is directed to dispose the OA on merits and in accordance with law as expeditiously as possible.
Parties are directed to bear their own costs.
Pending IAs, if any, shall stand closed.
Sd/[ Justice G. Chandrasekharan] CHAIRPERSON
2
ra
3
1 issue framed by the court
Whether the appeal should be allowed upon the payment of the deposited amount exceeding the order limit.
M/s. Vaibava Steels, Rep by its Prop. S. Balamurugan
Mr. S. Balamurugan
Tamilnad Mercantile Bank Ltd., Rep by its Branch Manager
Mrs. G. Vanaja
G. Chandrasekharan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
