Allowed

Federal Bank v. Adhiyaman

DRT26 Feb 2025MA/49/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed a Miscellaneous Application seeking condonation of a 57-day delay in re-filing an Original Application for debt recovery by a bank, citing the statutory imperative to recover public money held in trust, subject to payment of costs to the Legal Services Authority.

What did the court decide?

Condonation of delay of 57 days in re-presentation of OA, subject to payment of Rs. 1,000 to TN Legal Services Authority and filing compliance report.

Federal Bank versus Adhiyaman — Banking and Recovery | DRT (2025)

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MA 49/25 in OA Dy. No.4034/2023

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26.02.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 26^th day of February, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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M.A. No.49 of 2025 in O.A. Dy.No. 4034 of 2023

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The Federal Bank Limited Rep. by its Senior Manager & Branch Head No.22A, P.R. Sundaram Iyer Street Dharmapuri, Tamilnadu Chennai – 636 701 ….Petitioner / Applicant

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-Vs-

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Mr. K. Adhiyaman S/o Krishnan No.2/68, Ambedkar Colony A. Pallipatti Post Pappireddipatti Taluk Dharmapuri District – 636 905

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Mrs. A. Nanthini W/o Mr. K. Adhiyaman No.2/68, Ambedkar Colony A. Pallipatti Post Pappireddipatti Taluk Dharmapuri District – 636 905 ….Respondents / Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s Deepa Harigovind

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: - ORDER ON MA NO.49 OF 2025- :

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The present MA is filed by applicant bank praying to condone delay of 57 days

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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 and 2 jointly and severally pay a sum of Rs.59,49,904.80p (Rupees Fifty Nine Lakhs Forty Nine

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MA 49/25 in OA Dy. No.4034/2023

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26.02.2025

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Thousand Nine Hundred and Four and Eighty Paise only) together with further interest and costs.

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In the affidavit of the Manager and Authorised Officer of applicant bank it is submitted that the Registry had returned the OA for certain compliances on 26.07.2023, granting four weeks time. As certain documents had to be obtained from the Branch, which was received, subsequent to which the file got misplaced in the counsel’s office during shifting to new office premises and that the papers were traced out at a later point time, due to which delay of 57 days has occurred, which is neither willful nor wanton. Thus submitting, applicant bank prayed for condonation of delay of 57 days in re-presentation of 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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In the circumstances, delay is condoned, MA stands allowed, subject to payment of cost of Rs.1,000/- to the Tamil Nadu Legal Services Authority on or before 12.03.2025 by the applicant and to file the payment of compliance report before the Registrar Court on 14.03.2025.

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MA 49/25 in OA Dy. No.4034/2023

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26.02.2025

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It is clarified that in case if the applicant bank fails to comply with the conditional order above, MAs stand dismissed automatically without there being any need to pass separate order.

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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 26^th day

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of February, 2025)

Federal Bank v. Adhiyaman

Case brief

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What did the court decide?

Federal Bank v. Adhiyaman

Case brief

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What did the court decide?

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