Allowed

Indian Bank v. G R Industries

DRT5 Dec 2025MA/370/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application for condonation of a 407-day delay in re-presenting an Original Application. The court relied on prior precedent regarding banks and condoned the delay, subject to payment of costs and filing compliance.

What did the court decide?

Condonation of delay of 407 days in re-presentation of the Original Application, subject to payment of costs and filing of compliance.

Indian Bank versus G R Industries — Civil Procedure and Limitation | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 05^th day of December, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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M.A. No.370 of 2025 in OA Dy. No.824/2021

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Indian Bank Represented by its Branch Manager Alandur Branch Plot No.259, M.K.N. Road Alandur, Chennai – 600 016 ...Applicant

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-Vs-

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M/s. G.R. Industries

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Rep. by its Proprietor Mr. T. Rajendran Carrying on business at No.7, 7^th Cross Street Kamaraj Nagar, Korattur,

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Chennai – 600 080

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Mr. T. Rajendran

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Proprietor of M/s. G.R. Industries

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S/o Mr. V. Thiruvengadam

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Residing at No.31/72, Muniappa Street

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Perambur, Chennai – 600 011 ….Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s. RRK Associates

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ORDER IN MA No. 370/2025

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MA No. 370 of 2025 is taken up. This is an application filed by

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applicant bank for condonation of delay of 407 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

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recovery of sum of Rs.47,38,989/- together with interest and costs. It is

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submitted by the applicant bank that the Original Application was returned by the Registry on 13.08.2024 for want of certain documents including the authorisation from the bank and for complying with the returns by two weeks. It is submitted that the Branch Manager could not locate the power of attorney given by his higher authorities, which took substantial time and had obtained the power of attorney authorising him to file suit / initiate legal proceedings. Hence, the 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 407 days in representing the OA.

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Perused the Affidavit filed on behalf of the Applicant bank and

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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 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)-2020-8441 feels it apt to condone the delay and give opportunity to applicant to prosecute their case.

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Accordingly, MA No.370/25 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 30.12.2025 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 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/- (S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 05^th day of December, 2025)

Indian Bank v. G R Industries

Case brief

What is this about?

What did the court decide?

Indian Bank v. G R Industries

Case brief

What is this about?

What did the court decide?

What the court decided

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