The Debts Recovery Tribunal condoned a 24-day delay and restored an Original Application filed by Indian Bank, dismissed for default due to counsel's high court engagement, relying on the custodial responsibility of financial institutions.
Miscellaneous Applications allowed; Order restored to file pending compliance with costs and waiver of interest conditions.
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.
MAs 104/25 & 105/25 in OA 36/2021
10.03.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 10th day of March, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
Misc. Application Nos. 104/25 & 105/25 in
OA No.36 of 2021
Indian Bank Represented by its Chief Manager Porur Branch 225, Trunk Road, Porur Chennai – 600 116 ….Petitioner / Applicant -Vs-
Counsels on record / appeared:
Counsel for Applicant : Mr. C. Ramaiah
: -ORDER ON MAs 104/25 & 105/25-:
MAs 104/25 & 105/25 in OA 36/2021
2
10.03.2025
Heard and perused the records of the case .
MAs 104/25 & 105/25 in OA 36/2021
3
10.03.2025
adjournments in the name of awaiting written statement of defendants. Whereas it is averred in the affidavit filed by applicant bank that due to absence of counsel on record for applicant bank, OA came to be dismissed on 06.07.2022.
MAs 104/25 & 105/25 in OA 36/2021
10.03.2025
4
above, MAs stand dismissed automatically without there being any need to pass separate order.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 10th day of March, 2025)
2 issues framed by the court
Whether the delay of 24 days in filing a restoration petition by a banking financial institution can be condoned.
Whether the Original Application dismissed for default should be restored to file.
Colour shows how this judgement treated each authority
V.P. Rajula -Vs.- K.J. Sakadeva RajaApplied¶28
V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-2020-8-441
Indian Bank
M/s. Kings Agro Products
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
