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Chan Basha versus Idbi Bank — Banking and Recovery | DRAT (2025)

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DRAT
2025
Chan Basha versus Idbi BankChan Basha v. Idbi Bank

Dismissed

Chan Basha v. Idbi Bank

DRAT21 Feb 2025REGULAR APPEAL/42/2024

Case brief

AI extract

What is this about?

Appeal dismissed for non-prosecution as appellant failed to appear on two hearing dates after the bank contended the premises had been vacated.

What did the court decide?

Appeal RA (SA) 42/2024 dismissed for non-prosecution.

What the court decided

AI extract

A

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

Dated the 21^st Day of February, 2025

PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan

CHAIRPERSON

RA (SA) 42/2024

(Arising out of SA 344/2023 on the file of DRT-III, Chennai)

Between

Mr.Chan Basha No.5/17, Flat No.B3 Second Floor, Sri Hari Apartments Delli Street, Periyar Nagar Pammal Chennai – 600 075 …Appellant

And

The Authorized Officer IDBI Bank Limited Saidapet Branch Opposite to Ashok Leyland Gotha Medu Housing Board Saidapet Chennai – 600 015

Mr.R.Srinivasan No.5/17, Flat No.A1 1^st Floor, Sri Hari Apartments Delli Street, Periyar Nagar Pammal Chennai – 600 075 …..Respondents

Parties & counsel

AI extract

appellant
Mr. Chan Basha
respondent
The Authorized Officer, IDBI Bank Limited
respondent
Mr. R. Srinivasan

Coram

AI extract

Case details

As recorded by the court registry

Court: DRAT
Decided on: 21 Feb 2025 · February
Case no.: REGULAR APPEAL/42/2024
CNR: 331090000852024

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Cite this judgement

Chan Basha v. Idbi Bank, REGULAR APPEAL/42/2024 (DRAT), decided on 21 February 2025.

The Debt Recovery Appellate Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

G. Chandrasekharan

Parties & counsel

Outcome

Appeal RA (SA) 42/2024 dismissed for non-prosecution.

Detailed headnote1 paragraphs

Appeal dismissed for non-prosecution. The appellant failed to appear without representation on two consecutive hearing dates. The respondent bank submitted that the appellant had vacated the subject building and nothing survives in the appeal.

A compact analysis

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.

Counsel for Appellant : Mr.P.J.Rishikesh Counsel for R1 : M/s.Shivakumar & Suresh Counsel for R2 : None

1

ORDER

No representation for the appellant. Ld. Counsel for R1 bank is present.

Ld. Counsel for R1 bank submitted that appellant, who is a tenant, had already vacated the building in his occupation. When the matter was listed for hearing on 07.02.2025, the same representation was made and there was no representation for the appellant on that date as well. Therefore, this matter was listed for dismissal today.

Today also there is no representation for the appellant.

Therefore, in view of the submission made by the Ld. Counsel for the R1 bank that appellant had vacated the building in his occupation and that nothing survives in this appeal and also taking into consideration of the fact that there is no representation for the appellant on 07.02.2025 and also today, this appeal RA (SA) 42/2024 is dismissed for non-prosecution.

Sd/-

[Justice G. Chandrasekharan] CHAIRPERSON

2

G. Chandrasekharan

Topic

Banking and Recovery

Bench

G. Chandrasekharan

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