The High Court dismissed writ petitions seeking quashing of interim DRAT orders. The court held that since petitioners failed to deposit pre-deposit amounts, the main appeals were dismissed, rendering the challenge to interim orders final and untenable.
Instant writ petitions are dismissed. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2017
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.Nos.29267 to 29270 and 29343 to 29346 of 2017
W.P.No.29267 of 2017 to WP.29270/2017
MRS.SHIRIN IQBAL REP. BY HER POWER OF ATTORNEY MRS.ARJUMAND ABDULLAH ... PETITIONER IN ALL THE WPS VS. 1. INDIAN BANK, MADRAS GEORGE TOWN BRANCH, NO.155, THAMBU CHETTY STREET, CHENNAI - 600 001. 2. M/S.HAMOSONS APPARELS (P) LTD., REP. BY ITS PARTNER 3. M/S.HAMOSONS, REP. BY ITS PARTNERS. 4. MR.ABDUL RAZAK OSMAN
MRS. ZUBEIDA OSMAN (SINCE DECEASED) 6. MRS.MUNIRA HAROON, REP. BY HER POWER OF ATTORNEY 7. THE REGISTRAR, DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI. ... RESPONDENTS IN WP 29267/2017 WP.NO.29268/2017 1 MRS.SHIRIN IQBAL W/O. IQBAL ABDULLAH REP. BY HER POWER OF ATTORNEY MRS.ARJUMAND ABDULLAH ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HAMOSONS
A PARTNERSHIP FIRM
REP. BY ITS PARTNERS
MRS.ZUBEIDA OSMAN(SINCE DECEASED)
3 MR.ABDUL RAZAK OSMAN
4 MR.MOHAMMED HANIF OSMAN
5 M/S.HAMOSONS APPARELS (P)
LTD. REP. BY ITS PARTNERS (DEFENDANTS 3 TO 5)
6 MRS.MUNIRA HAROON REP. BY HER
POWER OF ATTORNEY MRS.ARJUMAND ABDULLAH
7 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENT
WP.NO.29269 OF 2017
1 MRS.SHIRIN IQBAL
W/O. IQBAL ABDULLAH
P.O.BOX NO.2756,
AJMAN, UNITED ARAB EMIRATES ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HANIF BROS.
A PARTNERSHIP FIRM REP. BY ITS PARTNERS D5
TO D8
3 MRS.ZUBEIDA OSMAN(SINCE DECEASED)
4 NARGIS ABDUL RAZAK
5 MR.MOHAMMED HANIF OSMAN
8 MR.ABDUL RAZAK OSMAN
9 MRS.MUNIRA HAROON REP. BY HER
POWER OF ATTORNEY MRS.ARJUMAND ABDULLAH
10 M/S.HAMOSONS A PARTNERSHIP
FIRM REP. BY ITS PARTNERS (DEFENDANTS 1 3
4 AND 5)
11 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENTS
WP.NO.29270/2017
1 MRS.SHIRIN IQBAL
W/O. MR. IQBAL ABDULLAH
P.O.BOX NO.2756,
AJMAN, UNITED ARAB EMIRATES ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HAJEE MOOSA
MRS.ZUBEIDA OSMAN(SINCE DECEASED)
3 NARGIS ABDUL RAZAK
4 MR.MOHAMMED HANIF OSMAN
5 MRS.FARZANA HANIF OSMAN
6 MR.RIZWANA ABDUL RAZAK
7 MR.ABDUL RAZAK OSMAN
8 MRS.MUNIRA HAROON REP. BY HER
POWER OF ATTORNEY MRS.ARJUMAND ABDULLAH
9 M/S.HAMONSONS
REP. BY D3 D5 AND D8 AND HAMOSAN APPARELS
PVT. LTD.
10 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENTS
WP.NO.29343/2017
1 MRS.MUNIRA HAROON REP. BY HER
POA MRS.ARJUMAND ABDULLAH ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HAMOSONS APPARELS (P)
LTD.
3 M/S.HAMOSONS
4 MR.ABDUL RAZAK OSMAN
5 MR.MOHAMMED HANIF OSMAN
MRS.ZUBEIDA OSMAN(SINCE DECEASED)
6 MRS.SHIRIN IQBAL
7 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL
CHENNAI ... RESPONDENTS
WP.NO.29344/2017
1 MRS.MUNIRA HAROON REP. BY HER
POA MRS.ARJUMAND ABDULLAH ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HAMOSONS A PARTNERSHIP
FIRM REP. BY ITS PARTNERS
MRS.ZUBEIDA OSMAN(SINCE DECEASED)
3 MR.ABDUL RAZAK OSMAN
4 MR.MOHAMMED HANIF OSMAN
5 M/S.HAMOSONS APPARELS (P)
LTD. NO.18 REP. BY ITS PARTNERS
(DEFENDANTS 3 TO 5)
6 MRS.SHIRIN IQBAL
W/O.MR.IQBAL ABDULLAH
7 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENTS
WP.NO.29345/2017
1 MRS.MUNIRA HAROON REP. BY HER
POA MRS.ARJUMAND ABDULLAH ... PETITIONER
-VS-
1 INDIAN BANK
MADRAS GEORGE TOWN BRANCH NO.155 THAMBU
CHETTY STREET CHENNAI-1
2 M/S.HANIF BROS.
MRS.ZUBEIDA OSMAN(SINCE DECEASED)
3 NARGIS ABDUL RAZAK
4 MR.MOHAMMED HANIF OSMAN
5 MRS.FARZANA HANIF OSMAN
6 MS.RIZWANA ABDUL RAZAK
7 MR.ABDUL RAZAK OSMAN
8 MRS.SHIRIN IQBAL
9 M/S.HAMOSONS A PARTNERSHIP
FIRM REP. BY ITS PARTNERS (DEFENDANTS 1 3
4 AND 5)
10 THE REGISTRAR
DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENTS
WP.NO.29346/2017:
1 MRS.MUNIRA HAROON REP. BY HER POA MRS.ARJUMAND ABDULLAH ... PETITIONER -VS1 INDIAN BANK MADRAS GEORGE TOWN BRANCH NO.155 THAMBU CHETTY STREET CHENNAI-1 2 M/S.H.M.HAJEE MOOSA MRS.ZUBEIDA OSMAN(SINCE DECEASED) 3 NARGIS ABDUL RAZAK 4 MR.MOHAMMED HANIF OSMAN 5 MRS.FARZANA HANIF OSMAN 6 MS.RIZWANA ABDUL RAZAK 7 MR.ABDUL RAZAK OSMAN 8 MRS.SHIRIN IQBAL W/O.MR.IQBAL ABDULLAH 9 M/S.HAMOSONS A PARTNERSHIP FIRM REP. BY ITS PARTNERS(DEFENDANTS 1 3 4 AND 5) 10 THE REGISTRAR DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI ... RESPONDENTS COMMON PRAYER:
WRIT Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified Mandamus, calling for the records of the DRAT with respect to the orders dated 21.09.2017 in I.A.Nos.855 to 858 and 871 to 874 of 2013 in AIR Nos.507 to 514 of 2013 and quash the same as being non reasoned, illegal and arbitrary and consequently, direct the DRAT to hear the appeals on merits.
For Petitioner : Mrs.Ananda Gomathy in all W.Ps.
COMMON ORDER
(Order of the Court was made by S.MANIKUMAR, J)
As facts and submissions are common, all the writ petitions are taken up together and disposed of by a common order.
5. For the reasons stated supra, challenge made in these writ petitions, have already reached finality. Therefore, giving liberty to the writ petitioners, to raise all tenable grounds to challenge the final orders, instant writ petitions are dismissed. No costs.
Sd/Asst.Registrar (CS V )
/true copy/
Sub Asst. Registrar
ars
To
+1cc to Mrs.Ananda Gomathy, Advocate sr.no.81253
W.P.Nos.29267 to 29270 and 29343 to 29346 of 2017 NMI(CO) NR 04/01/2018
2 issues framed by the court
Whether a challenge to interim orders survives when the main appeal is ultimately dismissed due to non-compliance with pre-deposit.
Whether the High Court can quash interim waiver orders of DRAT which led to the automatic dismissal of the main appeals.
MRS. SHIRIN IQBAL
MRS. MUNIRA HAROON
INDIAN BANK, MADRAS GEORGE TOWN BRANCH
M/S. HAMOSONS APPARELS (P) LTD.
MR. ABDUL RAZAK OSMAN
THE REGISTRAR, DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI
S. MANIKUMAR
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
