The Debts Recovery Tribunal dismissed Special Appeal No.453/2022 filed by M/s Araa Leathers against the India Overseas Bank for default and non-prosecution, citing non-payment of costs and absence during proceedings, vacating interim orders.
Special Appeal dismissed for default and non-prosecution; all pending applications closed; interim orders vacated.
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.
SA No.453/2022
06.12.2022
1
IN THE DEBTS RECOVERY TRIBUNAL – III, CHENNAI
Dated this the 06th day of December, 2022
Present: Shri Ganapathi K.R.K.
Presiding Officer
S.A. No.453 of 2022
| 1. | M/s Araa Leathers Rep. by its Partners New No.20 (Old No.45) Thiruvengadam Street Periamet, Chennai – 600 002 |
|
|---|---|---|
| 2. | Mr. S. Sundaram 39, Sankar Nagar, II Street Chrompet Chennai – 600 044 |
|
| 3. | Mr. Soundarajan S/o T. Selvaraj No.13/3, South Mada Street Little Kancheepuram Kancheepuram – 631 501 |
|
| 4. | Mr. S. Prabhu Kumar Partner of M/s Araa Leathers No.5, B.E. Colony, 1stStreet Kodambakkam, Chennai – 600 024 |
|
| 5. | Mr. Arasu, Partner of M/s Araa Leathers No.13/5B, South Mada Street Kancheepuram – 631 501 |
….Applicants |
| – Vs. – | ||
| The India |
Authorised Officer, n Overseas Bank |
|
| Asse | t Recovery Branch | |
| Grou | nd Floor, Central Office Building | |
| 763, | Anna Salai | |
| Chen | nai – 600 002 | ….Respondent |
| Counsels on record / appeared: | ||
| Counsel for Applicant : |
M/s.N. Raja | |
| Counsel for Respondent : |
M/s Ananda Gomathy |
SA No.453/2022
2
06.12.2022
O R D E R
SA No.453/2022
3
06.12.2022
detailing the payments caused by them and that since no memo has been filed to establish their bonafides for consideration of stay petition, it is mentioned that there was no memo filed and hence the urgent petition as well as the stay petition are dismissed with costs, as applicants had neither established the urgency to process the SA out of order nor did they prosecute the stay petition filed along with SA. It is also borne on record of this Tribunal that applicants had not even complied with the costs imposed remained absent for the proceedings before this Tribunal even in the second round of call work today.
guidelines.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 06th day of December, 2022)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether Special Appeal stands dismissed for default and non-prosecution due to unpaid costs and absence of applicants.
M/s Araa Leathers
The India Overseas Bank
Shri Ganapathi K.R.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
