The Tribunal allowed miscellaneous applications by a bank to condone a 358-day delay and restore a default-dismissed adaptation. The order imposed conditions regarding payment of court fees and filing a compliance report.
MA Nos. 33/25 and 36/25 allowed; applicant to pay Rs. 5000 costs to High Court Legal Services and file compliance report by specified dates.
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MA 33/25 & 36/25 in TA No.482/2023
06.02.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 06th day of February, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
Misc. Application Nos.33/25 & 36/25 in TA No.482 of 2023
The South Indian Bank Limited Mount Road Branch No.19, Ground Floor Anna Theatre Complex Chennai – 600 002 Rep. by its Chief Manager ….Petitioner / Applicant
-Vs-
S/o Rikhab Chand Jain Residing at Flat No.BL, 4th Floor Door No.52, Gangadeeshwar Koil Street Purasaiwakkam, Chennai – 600 084 ….Respondents/Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s M.L. Ganesh
: -ORDER ON MA NOs.33/25 & 36/25- :
in filing restoration petition and MA No.36/25 is filed to restore TA, which was dismissed for default on 13.09.2023.
Defendants, seeking main relief to order the Defendants pay a sum of
MA 33/25 & 36/25 in TA No.482/2023
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06.02.2025
Rs.38,27,997.65p (Rupees Thiry Eight Lakhs Twenty Seven Thousand Nine Hundred and Ninety Seven and Sixty Five Paise only) together with Interest @ 14.95% p.a. and costs.
Heard and perused the records of the case .
MA 33/25 & 36/25 in TA No.482/2023
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06.02.2025
despite availing substantial adjournments. Accordingly, TA came to be dismissed for default and non-prosecution on 13.09.2023.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 06th day of February, 2025)
2 issues framed by the court
Whether to condone a delay of 358 days in filing a restoration petition by a financial institution.
Whether to restore a Tribunal application dismissed for default and non-prosecution against a financial institution.
South Indian Bank Limited
M/s Nakodaa Computer Tech
Mr. Hemant Jain
S.V. GOWRAMMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
