The DRT allowed the bank's application for an Advocate Commissioner to verify and compare loan documents filed with the application originals held by CBI Chennai, fixing remuneration and issuing a warrant.
Appointment of Advocate Commissioner Sh. Karpagavalli to verify documents and file report by 04.10.2023; fixation of remuneration at Rs. 10,000 payable by bank.
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.
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MA No.97/23 in OA Dy. No.1463/2022
28.07.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 28th day of July, 2023
Present: Shri Ganapathi K.R.K Presiding Officer
MA No.97/2023 in OA Dy. No.1463/2022
State Bank of India ARM Branch Chennai
Rep. by its Chief Manager &Authorised Officer No.44, 1st Floor, Eladms Road Teynampet, Chennai – 600 018
…Petitioner / Applicant Vs
W/o Murugan SSS Enclave No.3/171,
Near Sadhasivam Nagar Bus Stop
Madipakkam
Chennai – 600 091
Also at
Rainbow Enterprises, RNG Towers Old No.398, New No.824/1 2nd Floor, Anna Salai, Nandanam (Near Hundai Showroom)
Also at Mono Super Market No.751/5, Sabari Salai,
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MA No.97/23 in OA Dy. No.1463/2022
28.07.2023
Madipakkam Chennai – 600 091
...Respondents / Defendants
Counsel for petitioner bank : Sh. B. Raghavulu Naidu
ORDER
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MA No.97/23 in OA Dy. No.1463/2022
28.07.2023
to the above loan account for a detailed investigation. Hence, applicant bank prayed for appointing an Advocate Commissioner for the purpose of verification and comparison of documents contemplated to be filed and marked as Exhibits with originals lying in the hands of CBI, Chennai.
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MA No.97/23 in OA Dy. No.1463/2022
28.07.2023
Accordingly, Registry is directed to issue warrant to the Advocate Commissioner.
(Dictated to PS, transcribed by her, corrected, signed and processed through E-drt on this the 28th day of July, 2023)
Sd/-
(GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether an application for appointment of an Advocate Commissioner to verify original documents in CBI custody should be allowed.
State Bank of India ARM Branch Chennai
Mrs. U. Thiruselvi
Mrs. U. PeriyaNayagi
Shri Ganapathi K.R.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
