Allowed

Hdfc Bank v. Abolfazl Nemati Pour

DRT7 Nov 2025MA/315/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for condonation of a 483-day delay in re-presenting its Originating Application after relying on the Madras High Court judgment in V.P. Rajula, conditioning the order on payment of regularization fees.

What did the court decide?

Delay of 483 days in re-presenting the OA is condoned subject to payment of Rs. 1,000 to the Tamil Nadu State Legal Services Authority and filing a compliance report.

Hdfc Bank versus Abolfazl Nemati Pour — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 07^th day of November 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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M.A. No.315 of 2025 in OA Dy. No.1794/2022

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M/s. HDFC Bank Limited Rep. by its Legal Manager And Authorized Signatory Mr. K. David No.110, CEEBROS Building, Nelson Manickam Road, Aminjikarai, Chennai – 600 029 ...Applicant

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-Vs-

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Abolfazl Nemati Pour C/o Hasan, Bay View, Flat No.2301, House of Hiranandani, 5/63, Rajiv Gandhi Salai, Vtc Egattur, Po Kelambakkam, Chengalpattu – 603103

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Also at

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Abolfazl Nemati Pour Upper Ground Floor, Thapar House, Gate No.2, Western Wing, 124, Janpath, Delhi - 110001 ….Defendant

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Counsels on record / appeared:

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Counsel for Applicant : M/s. Acuity Law Associates

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ORDER IN MA No. 315/2025

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MA No. 315 of 2025 is taken up. This is an application filed by applicant bank for condonation of delay of 483 days in re-presenting the OA.

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Perused the Affidavit filed on behalf of the Applicant bank.

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It is submitted by applicant bank that the present OA was filed for recovery of sum of Rs.41,50,529.14p together with interest and costs. It is submitted that the OA was returned by the Registry for compliance of returns on or before 11.03.2023. Due to some logistical issues, it has taken quite some time for the bank to provide instructions to its counsel. Hence, OA could not be re-presented within the time granted by this Tribunal, which is neither wilful nor wanton, but only due to aforesaid reasons. Therefore, the applicant bank prayed for condonation of delay of 483 days in representing the OA.

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Perused the Affidavit filed on behalf of the Applicant bank

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and the records of the case.

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As OA is filed for recovery of money due from borrower and in view of the fact that the bank being a financial institution is the custodian of the public money held under trust, the Tribunal relying on the judgment

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of Hon’ble High Court of Madras (At Madurai) in the judgment of V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)2020-8-441 feels it apt to condone the delay and give opportunity to applicant to prosecute their case.

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Accordingly, MA No.315/25 stands allowed and delay is condoned, subject to payment of cost of Rs.1,000/- to the Tamil Nadu State Legal Services Authority on or before 26.11.2025 by the applicant and to file the compliance report before the Registry.

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In case of the applicant complying with the order and filing compliance memo, 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

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to comply with the conditional order above, MA stand dismissed automatically without there being any need to pass separate order.

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Sd/-

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

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(Dictated to Steno (Deepika), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 07^th day of November, 2025)

Hdfc Bank v. Abolfazl Nemati Pour

Case brief

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Hdfc Bank v. Abolfazl Nemati Pour

Case brief

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