The Debts Recovery Tribunal allowed applications to condone a 222-day delay in restoring an Original Application dismissed for default, citing the applicant status as a financial institution, relying on a Madras High Court precedent.
Condonation of delay in 222 days; restoration of Original Application subject to payment of costs and waiver of interest for the delay period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MAs 21/25 & 91/25 in OA No.169/2019
24.02.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 24th day of February, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
Misc. Application Nos. 21/25 & 91/25 in
OA No.169 of 2019
Union Bank of India (Erstwhile Andhra Bank) Mount Road Branch Old No.95, New No.137 Anna Salai (Mount Road) Chennai – 600 002 ….Petitioner / Applicant -Vs-
Counsels on record / appeared:
Counsel for Applicant : Mr. T. Narayanasamy
: -ORDER ON MAs 267/24 & 103/25-:
MAs 21/25 & 91/25 in OA No.169/2019
2
24.02.2025
MAs 21/25 & 91/25 in OA No.169/2019
3
24.02.2025
Due to closing work of the branches for the financial year ending 31.03.2023 and subsequent audit, restoration petition could not be filed within time. Hence the delay of 222 days occurred, which is neither willful nor wanton but only due to the aforesaid reason. Thus submitting, counsel prayed for condonation of delay and for restoration of OA.
Heard and perused the records of the case .
Sakadeva Raja reported in LAWS (MAD)-2020-8-441 feels it apt to condone the delay and restore the OA and give last opportunity to applicant to adduce their evidence along with documents.
MAs 21/25 & 91/25 in OA No.169/2019
24.02.2025
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at the time of adjudication of OA claim. The copy of this order be placed in the OA enabling to claim the exemption of interest at the time of final adjudication of OA.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 24th day of February, 2025)
1 issue framed by the court
Whether the Tribunal should condone a delay of 222 days in filing a restoration petition for an outstanding Original Application dismissed for default.
Colour shows how this judgement treated each authority
V.P. Rajula -Vs.- K.J. Sakadeva RajaRelied on¶29
V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-2020-8-441
Union Bank of India (Erstwhile Andhra Bank) Mount Road Branch
P. Murugesan & Another
S.V. GOWRAMMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.V. GOWRAMMA
Parties & counsel
