Dismissed¶30

M.J.Dhandapani v. The Chairperson

Madras HC22 Jan 2025WP/31796/2019

Case brief

AI extract

What is this about?

Writ petition dismissal, Madras High Court, 22.01.2025; petitioner M.J.Dhandapani vs Debt Recovery Appellate Tribunal Chairperson, SBI Authorised Officer and M/s.Ganga Foundations Pvt. Ltd.; Article 226 certiorarified mandamus against DRAT order dated 29.11.2018 rejecting review application concerning Appeal No.AIR 518 of 2018 and Appeal No.AIR (SA) 518 of 2018; underlying order dated 15.11.2018 on deficit Court fees payment on-line and waiver application left unchallenged; borrower-status submissions deemed beyond petition scope; petition and interim application W.M.P.No.32033 of 2019 dismissed, rights and contentions kept open, no costs.

What did the court decide?

Since the order dated 15.11.2018 is not challenged, the petition is dismissed; all rights and contentions are kept open and there shall be no order as to costs. ¶30

M.J.Dhandapani Vs The Chairperson — Writ and Judicial Review | Madras HC (2025)

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W.P.No.31796 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.01.2025

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.31796 of 2019 and W.M.P.No.32033 of 2019

M.J.Dhandapani

... Petitioner

-vs-

The Chairperson, Debt Recovery Appellate Tribunal, 4^th Floor, Indian Bank Circle Office, No.55, Ethiraj Salai, Chennai, Tamilnadu 600 008.

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Assistant General Manager cum The Authorised Officer, State Bank of India, SME Chennai Branch, No.39, Prasanth Real Gold Tower, 6^th Floor, North Usman Road, T.Nagar, Chennai 600 017.

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M/s.Ganga Foundations Pvt. Ltd., New No.69, (Old No.33), Hemavathy Complex, Paper Mills Road, Perambur, Chennai 600 011.

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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.31796 of 2019

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in Appeal No.AIR 518 of 2018 and to quash the Order dated 29.11.2018 passed by the First Respondent dismissing Appeal No.AIR 518 of 2018 directing the first respondent and remand Appeal No.AIR (SA) 518 of 2018 to the First Respondent for fresh disposal.

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For Petitioner : Mr.P.J.George For Respondents : R-1 Tribunal : Mr.K.Chandrasekar for R-2 : Not ready in notice reg. R-3 * * * * *

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The petition impugns an order dated 29.11.2018 passed by first respondent. By the impugned order, the Debts Recovery Appellate Tribunal has rejected an application filed for review of order dated 15.11.2018.

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But the submissions made in the Court are on the merits of the matter as to whether petitioner was a borrower, which submissions are way

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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.31796 of 2019

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beyond the scope of the petition itself. By the order dated 15.11.2018, the Debts Recovery Appellate Tribunal only stated that petitioner should pay the deficit Court fees through on-line only and to file waiver application also.

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Sri.George says the entire Court fees has been paid, which, according to him, is payable.

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Since the order dated 15.11.2018 is not challenged, petition is dismissed. All rights and contentions are kept open. There shall be no order as to costs. Consequently, interim application also stands dismissed.

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(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.)

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22.01.2025

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Index : Yes/No NC : Yes/No

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sra

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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.31796 of 2019

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THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

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(sra)

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To:

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The Chairperson, Debt Recovery Appellate Tribunal, 4^th Floor, Indian Bank Circle Office, No.55, Ethiraj Salai, Chennai, Tamilnadu 600 008.

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The Assistant General Manager cum The Authorised Officer, State Bank of India, SME Chennai Branch, No.39, Prasanth Real Gold Tower, 6^th Floor, North Usman Road, T.Nagar, Chennai 600 017.

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W.P.No.31796 of 2019

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22.01.2025

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

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___________ Page 4 of 4_

M.J.Dhandapani v. The Chairperson

Case brief

What is this about?

What did the court decide?

M.J.Dhandapani v. The Chairperson

Case brief

What is this about?

What did the court decide?

What the court decided

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