Allowed

Canara Bank v. M/S Saravana Oil Stores

DRT21 Feb 2025MA/281/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the application for condoning a delay of 796 days in re-presenting an Original Application. The bank had missed the deadline due to a change in counsel. The delay was permitted pending payment of fees to the Legal Services Authority.

What did the court decide?

Condonations of delay of 796 days in re-presenting the OA, provided Rs.5,000 is paid to the Legal Services Authority by 07.03.2025.

Canara Bank versus M/S Saravana Oil Stores — Banking and Recovery | DRT (2025)

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MA 281/24 in TA Dy. No.387/24

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21.02.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 21^st day of February, 2025

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Present: SMT. S.V. GOWRAMMA

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Presiding Officer

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M.A. No.281 of 2024 in T.A. Dy. No. 387 of 2024

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Canara Bank Royapettah Branch No.260/262, Royapettah High Road Azad Nagar, Royapettah Chennai – 600 014 ….Petitioner / Applicant -Vs-

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M/s Saravana Oil Stores

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Rep. by its Proprietor Ms. V. Jayachitra

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No.15/6, Batcha Street

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Pudupet, Chennai – 600 002 & 02 others ….Respondents / Defendants

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Counsels on record / appeared:

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Counsel for Applicant : Sh. J.Jeya Sabare Eswaran

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: - ORDER ON MA NO.281/2024- :

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The present MA is filed by applicant bank praying to condone delay of 796 days in re-presenting the OA.

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The Original Application is filed by the Petitioner/Applicant Bank against the Defendants, seeking main relief to order the Defendant Nos.1 to 3 jointly and severally, a sum of Rs.30,06,366/- (Rupees Thirty Lakhs Six Thousand Three Hundred and Sixty Six only) together with contractual rate at 13.5% p.a. (floating) and costs.

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In the affidavit of the Senior Manager of applicant bank it is submitted that the delay occurred due to change in Bank panel advocate. Therefore, instructions could not be given to counsel for rectification of defects and hence the delay of 796 days

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MA 281/24 in TA Dy. No.387/24

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21.02.2025

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occurred, which is neither willful nor wanton. Hence applicant bank prayed for condoning the delay of 796 days in re-presenting the OA.

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Heard the arguments of the applicant’s counsel and perused the records of the case.

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As OA is filed for recovery of money due from borrower and applicant being a financial institution holding the public money under Trust, the recovery of which cannot be frustrated. Hence the Tribunal feels it apt to allow the MA.

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5 . In the circumstances, delay is condoned, MA stands allowed, subject to payment of cost of Rs.5,000/- to the Tamil Nadu State Legal Services R Buildings, High Court Campus, A.D, N Fort Rd, Parrys, George Town, Chennai, Tamil Nadu 600 104 on or before 07.03.2025 by the applicant and to file the payment of compliance report before the Registrar Court on 11.03.2025.

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In case of the applicant complying with the order, Registry is directed to number the OA, if otherwise found to be in order. It is clarified that, in case, if the applicant bank fails to comply with the conditional order above, MA stands dismissed automatically without there being any need to pass separate order.

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Sd/- (S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 21^st day of February, 2025)

Canara Bank v. M/S Saravana Oil Stores

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/S Saravana Oil Stores

Case brief

What is this about?

What did the court decide?

What the court decided

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