Allowed

State Bank of India v. The Opera International

DRT24 Apr 2026MA/84/2026

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application for condonation of a 275-day delay in re-filing an original application. The court relied on precedents regarding financial institutions as public money custodians and ordered payment of costs to proceed.

What did the court decide?

Condonation of delay of 275 days in re-presenting the OA, subject to payment of Rs. 2,000/- cost to TN State Legal Services Authority and filing a compliance report.

State Bank of India versus The Opera International — Civil Procedure and Limitation | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 24^th day of April 2026

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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M.A. No.84 of 2026 in OA Dy. No.1141 of 2024

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State Bank of India

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A body corporate constituted under the provisions of The state bank of India Act, 1955 SARB-II, Represented by its Deputy Manager, No.44, I Floor, Eldams road, Teynampet, Chennai- 600 018.

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..Applicant

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-Vs-

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The Opera International, Represented by its partners No.8/73, North Street, Melakuppam post, Virudhachalam Taluk,

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Kovilanur, Cuddalore- 607 802

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R.Devamirtham, W/o of R.Rajendran, 11B, Type-D, Blok no.27, Velliyan kuppam street, Neyveli Kurinjipadi, cuddlore- 607 803

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Rekha Rajendran D/o R.Rajendran 11B, Type-D, Blok no.27, Velliyan kuppam street, Neyveli

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Kurinjipadi, cuddlore- 607 803 …Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s. N.Kishore Kumar

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Uploaded on 24.04.2026 at 17:20 hours

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ORDER IN MA No. 84/2026

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MA No. 84 of 2026 is taken up. This is an application filed by applicant bank for condonation of delay of 275 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.58,03,413/- together with interest and costs. It is submitted that the OA file was returned by the Registry on 24.09.2024, 27.06.2025 and again on 10.09.2025 for minor mistakes. As the OA book

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was misplaced and moreover the counsel on record was also sick, 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,

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the applicant bank prayed for condonation of delay of 275 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

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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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Uploaded on 24.04.2026 at 17:20 hours

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Accordingly, MA No.84/26 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 20.05.2026 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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(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

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this the 24^th day of April, 2026)

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Uploaded on 24.04.2026 at 17:20 hours

State Bank of India v. The Opera International

Case brief

What is this about?

What did the court decide?

State Bank of India v. The Opera International

Case brief

What is this about?

What did the court decide?

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