Disposed

Jayaprakash.S v. Authorized Officer

Madras HC17 Oct 2023WP/29968/2023

Case brief

AI extract

What is this about?

In W.P.No.29968 of 2023, the Madras High Court disposed of a petition challenging an order by the Registrar of the Debt Recovery Appellate Tribunal rejecting an appeal due to non-compliance, directing the Tribunal to decide on a fresh application for revival.

What did the court decide?

Writ petition disposed; Directions given to the second respondent to consider the application for revival/restoration of the appeal and decide on merits.

Jayaprakash.S Vs Authorized Officer — Madras HC (2023) — LawSathi Research

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W.P.No.29968 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.10.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.29968 of 2023

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S.Jayaprakash 2. Jayanthi

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M/s.Rathna Tex Rep. by Proprietor S.Jayaprakash Old No.21, New No.37 Mariamman Kovil 5^th Street Sanjivarayanpetti, Dadagapatti Salem – 636 006. .. Petitioners

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Vs.

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Authorized Officer M/s. Cholamandalam Investment and Finance Company Ltd. Dare House, No.2, NSC Bose Road, Parrys Chennai – 600 001.

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The Registrar Debt Recovery Appellate Tribunal Chennai.

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.. Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.29968 of 2023

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the proceedings of the second respondent dated 17.08.2023 passed in AIR (SA) 430/2023, on the file of the second respondent, quash the same and consequently direct the second respondent to consider our appeal in AIR (SA) No.430/2023 and dispose it on merits.

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For the Petitioners : Mr.S.N.Subramani

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ORDER

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(Made by the Hon'ble Chief Justice)

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Heard Mr.S.N.Subramani, learned counsel for the petitioners.

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The petitioners are challenging the order passed by the Registrar of the Debt Recovery Appellate Tribunal, Chennai.

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Under the said order, the matter was listed before the Registrar for “removal of defects/compliance of returns” on 20.07.2023. As objections, including the uploading of documents were not complied with, the same was rejected.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.29968 of 2023

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In case the petitioners have all the necessary documents, the petitioners may file an application with the Debt Recovery Appellate Tribunal, Chennai for revival/restoration of the appeal, as may be permissible under law. The said application would be considered and decided by the Debt Recovery Appellate Tribunal, Chennai in accordance with law.

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In the light of that, the writ petition stands disposed of. There

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will be no order as to costs. Consequently, W.M.P.Nos.29587 & 29590 of 2023 are closed.

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(S.V.G., CJ.) (D.B.C., J.) 17.10.2023 Index : Yes/No Neutral Citation : Yes/No

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drm

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The Registrar Debt Recovery Appellate Tribunal Chennai.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.29968 of 2023

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm)

W.P.No.29968 of 2023

17.10.2023

Page 4 of 4

https://www.mhc.tn.gov.in/judis

Jayaprakash.S v. Authorized Officer

Case brief

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Jayaprakash.S v. Authorized Officer

Case brief

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