Viswanathan v. the Debt Recovery Appellate Tribunal
Case brief
What is this about?
The Madurai Bench of the Madras High Court dismissed a writ petition filed by a borrower challenging a DRAT order that rejected his appeal for non-deposit of required pre-sum. The court held the petition was barred by delay and laches.
What did the court decide?
Writ petition dismissed; connected miscellaneous petition closed. No costs.
What the court decided
W.P(MD)No.1971 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2022
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)No.1971 of 2022 and WMP(MD)No.1702 of 2022
Viswanathan
... Petitioner
vs.
- The Debt Recovery Appellate Tribunal, 7th Floor, Additional Office Building, Shastri Bhawan, Haddows Road, Chennai.
- The Authorized Officer, Indian Overseas Bank, Lalgudi Branch, No.41, Popular Arcade, Main Road, Tiruchirappalli District.
- Edwin Rethinam
Issues for consideration
3 issues framed by the court
Whether the writ petition filed with a delay of five years should be entertained.
Whether the deletion of appeal by DRAT for non-compliance of pre-deposit requirement was lawful under Section 18 of SARFAESI Act.
Whether the petitioner is guilty of laches for not explaining the delay.
Parties & counsel
- petitioner
Viswanathan
- respondent
The Debt Recovery Appellate Tribunal
- respondent
Edwin Rethinam
- respondent
The Authorized Officer, Indian Overseas Bank
Coram
Case details
As recorded by the court registry
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