Allowed

Canara Bank v. Ilangovelan and One Another

DRT13 Apr 2026MA/75/2026

Case brief

AI extract

What is this about?

Application filed by Canara Bank for condonation of 167-day delay in re-presenting Original Application. Tribunal condoned delay citing custodial duty of banks, allowing filing subject to penalty payment and time-bound compliance.

What did the court decide?

Delay of 167 days condoned; Applicant to pay Rs.2,000 to Tamil Nadu State Legal Services Authority by 06.05.2026 and file compliance report.

Canara Bank versus Ilangovelan and One Another — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 10^th day of April 2026

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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M.A. No.75 of 2026 in OA Dy. No.2800/2024

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M/s Canara bank Represented by its Chief Manager, No.110, General Patters road Chennai-600 002.

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...Applicant -Vs-

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Mr.Ilangovelan

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S/o late Mr.V.Veerasamy No.18 Lakshmi Nagar, 3^rd Street, Velachery,

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Chennai 600 042

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Also at New no.25, O.No.2^nd floor Bhurra Sahib Street, Mount road, Chennai 600 042

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Mrs.I.Krithiga W/o Mr.Ilangovelan No.18 Lakshmi Nagar, 3^rd Street, Velachery, Chennai 600 042

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Also at New no.25, O.No.2^nd floor Bhurra Sahib Street, Mount road, Chennai 600 042 …Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s. D.Suresh kumar

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ORDER IN MA No. 75/2026

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MA No. 75 of 2026 is taken up. This is an application filed by applicant bank for condonation of delay of 167 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 recovery of sum of Rs.41,23,708.23/- (Rupees Forty one lakhs Twenty three thousand seven Hundred and Eight and Twenty three paise only) together with interest and costs. It is submitted that the OA was returned

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by the Registry due to certain defects, to be re-presented before 05.08.2025. The same was discussed with the bank for getting the documents and the applicant bank took considerable time to retrieve translation from their Vault. Hence 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 167 days in representing the OA.

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Perused the Affidavit filed on behalf of the Applicant bank

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and 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

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V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-

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2020-8-441 feels it apt to condone the delay and give opportunity to applicant to prosecute their case.

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Accordingly, MA No.75/26 stands allowed and delay is condoned, subject to payment of cost of Rs.2,000/- to the Tamil Nadu State Legal Services Authority on or before 06.05.2026 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/-

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(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to Roshnee, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 10^th day of April, 2026)

Canara Bank v. Ilangovelan and One Another

Case brief

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Canara Bank v. Ilangovelan and One Another

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