The Tribunal allowed the application to restore the Tribunal Application previously dismissed for non-prosecution. The bank must pay costs and file a compliance report before the original Application stands restored.
Couple restored to file subject to payment of Rs.5,000/- costs to DRT and DRAT Bar Association and filing of compliance report.
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.
MA 265/24 in TA No.1172/2023
27.03.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 27th day of March, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
M.A. No. 265 OF 2024 in TA No.1172 of 2023
M/s Union Bank of India (Erstwhile Corporation Bank) Now transferred to Asset Recovery Branch Rep. by its Chief Manager No.9, Elcanso Complex, Casa Major Road Egmore, Chennai – 600 008 ….Applicant
-Vs-
Rep. by its Partners Mr. S. Ramasamy & Mrs. R. Padma No.954, 2nd Floor, Classic Arunachala 56th Street TVS Colony, Anna Nagar West Extension
Chennai – 600 101 & others ....Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s A. Arun Babu
:- ORDER ON MA NO. 265/2024 -:
was dismissed for default and non-prosecution on 21.07.2023.
against the Defendants, seeking main relief to order the Defendants pay a
sum of Rs.1,10,87,431/- (Rupees One Crore Ten Lakhs Eighty
Seven Thousand Four Hundred and Thirty One only) together with future interest and costs.
MA 265/24 in TA No.1172/2023
2
27.03.2025
Heard counsel for applicant bank and perused the records of the
case .
MA 265/24 in TA No.1172/2023
3
27.03.2025
restore the OA and give last opportunity to applicant to adduce their evidence along with documents.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 27th day of March, 2025)
2 issues framed by the court
Whether the McA filed by the bank seeking restoration of the Tribunal Application dismissed for non-prosecution should be allowed.
Whether the Application can be restored subject to payment of costs and compliance with the Tribunal's conditional order.
M/s Union Bank of India
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
