The Debt Recovery Tribunal dismissed an application seeking condonation of 400 days delay for restoration of a miscellaneous application. The court found the plea of trauma insufficient given the applicant successfully prosecuted an earlier related sale and was aware of the proceedings.
Miscellaneous Application MA No.215/24 dismissed; each party to bear own costs.
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MA 215/24 in SA Dy.No.1203/22
28.10.2024
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 28th day of October, 2024
Present: SHRI A. S. JAYACHANDRA Presiding Officer (In – charge)
M.A. No.215 of 2024 in SA Dy. No.1203/2022
3. Sivaram
S/o Late Karunakaran Minor – represented by his Mother and natural guardian 23, Bajanai Koil Street Redhills, Chennai – 60 0052
M/o Late Karunakaran 23, Bajanai Koil Street Redhills, Chennai – 60 0052 ….Petitioners -Vs-
Canara Bank Padianallur (Redhills) Branch No.174, G.N.T. Road Padianallur, Redhills – 600 052 ….Respondnet
Counsels on record / appeared:
Counsel for Petitioners : M/s. R. Hashwanth Counsel for Respondent : M/s. AGD Balakumar
MA 215/24 in SA Dy.No.1203/22
28.10.2024
2
:- ORDERS -:
MA 215/24 in SA Dy.No.1203/22
28.10.2024
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MA 215/24 in SA Dy.No.1203/22
28.10.2024
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whom the sale certificate was also issued and that the surplus amount has been credited to the account of one Karunakran, the predecessor in interest of the present MA applicants, the same is superfluous for the purposes of deciding the aspect of condonation of delay.
12. Consequently, the following order
: - O R D E R : -
MA No.215/24 stands dismissed. Parties to bear their own costs.
Sd/(A.S. JAYACHANDRA)
PRESIDING OFFICER (In-charge)
(Dictated to PS, who typed in the system directly, corrected, signed and pronounced in Open Court, on this 28th day of October, 2024)
2 issues framed by the court
Whether delay of 400 days in seeking restoration of a miscellaneous application challenging a sale notice is condonable
Whether trauma suffered by the applicant constitutes a sufficient explanation for the delay beyond the period of limitation
1 provisions across 1 enactments
Nagavalli W/o Late Karunakaran and others
Canara Bank Padianallur (Redhills) Branch Redhills
A. S. Jayachandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
