The Debts Recovery Tribunal allowed an interior application seeking the substitution of the applicant bank and the acceptance of a fresh proof affidavit in place of the erstwhile assignor's affidavit in an outstanding debt recovery case.
IA allowed; fresh proof affidavit taken on record; list matter for further proceedings.
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.
IA No.250/25 in TA No.773/2023
10.03.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 10th day of March, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
I.A. No.250 of 2025 in T.A. No.773 of 2023
M/s Kotak Mahindra Bank Limited No.185, Second Floor, Mount Road Anna Salai, Chennai – 600 066 Rep. by its Authorised Signatory
….Petitioner / Applicant Bank
-Vs-
Dr. R. Manivannan No.4/14, Soundarapandian Street Ashok Nagar Chennai – 600 083 ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s M. Arunachalam
: - ORDER ON IA NO.250 OF 2025- :
IA No.250/25 in TA No.773/2023
2
10.03.2025
OA vide Deed of Assignment dated 31.12.2019 to present applicant, while transferring the right, title, security interest and the financial documents in favour of the present applicant. The substitution petition filed before DRT-II was since allowed vide order dated 31.05.2022 and thereafter due to bifurcation of jurisdiction, this OA was transferred to this Tribunal. M/s RBL Bank had already filed the proof affidavit of one Mr. Rajesh Kumar along with original documents during March, 2019. Hence it is prayed that the proof affidavit may be eschewed and fresh proof affidavit of present incumbent may be taken on record.
Heard and perused the records of the case .
IA No.250/25 in TA No.773/2023
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10.03.2025
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 10th
day of March, 2025)
M/s Kotak Mahindra Bank Limited
Dr. R. Manivannan
S.V. Gowramma
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
