New Kenya Bankers v. Competent Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No.3476 of 2005 1.New Kenya Bankers, Muttom, rep by its Proprietor, Jayasekar alias Sekar Near Manavalakurichi kalkulam Taluk, Kanyakumari District.

2.Jeysekar alias sekar ... Appellants vs 1.Competent Authority cum District Revenue Officer, Kanyakumari District.

2.New Kenya Bankers, Mutton Road, rep by its Proprietor Selvaraj, kalkulam Taluk, Kanyakumari District.

3.Selvaraj ... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 11 of the Tamil Nadu Protection of Interests of Depositors (in financial establishments) Act, 1997, to set aside the order passed in I.A.No.235 of 2004 in O.A.No.7 of 2003 on the file of the Special Court TNPID Act, Chennai dated 06.07.2005. For Appellants : Mr.C.K.M.Appaji For R1 : Mr.Dev Narendran Government Advocate For R2 & R3 : Not ready in notice

J U D G M E N T

The appellants are aggrieved by the impugned order dated 06.07.2005 passed by the Special Judger under TNPID Act, Chennai - 104 in I.A.No.235 of 2004 in O.A.No.7 of 2003. 2.The said I.A.No.235 of 2004 in O.A.No.7 of 2003 filed

by the appellants to condone the delay of 405 days in filing an application to set aside the exparte decree dated 26.09.2003 in O.A.No.7 of 2003.

3.It is the case of the 2nd appellant, the property in question was settled by his mother on 11.11.1995 vide registered document No.1219/1995. Subsequently, the 2nd appellant sold the said property to one Mr.C.Sri Ramadass on 26.07.2001 vide registered document No.128/2001. The property has been however attached presuming by the 1st respondent that the property still remained in the name of the 2nd appellant on 27.05.2002 vide G.O.Ms.No.445, Sub Section II of the Section 3 of the Act.

4.Under these circumstances, the appellants had filed the O.A.No.7 of 2003 before the Special Judge under TNPID Act. In absence of the appellants, an exparte order was passed in O.A.No.7 of 2003 on 26.09.2003.

5.Thereafter, the appellants filed the I.A.No.235 of 2004 to condone the delay of 405 days in filing an application to set aside the aforesaid exparte order. The Special Judge has dismissed the said I.A stating that the appellants have not explained the delay with sufficient reasons to condone the delay.

6.Aggrieved by the same, the present Civil Miscellaneous Appeal has been filed.

7.Heard the learned counsels for the appellants and the 1st respondent. I have perused records.

8.Since the 2nd appellant has already sold the property prior to the attachment on 27.05.2002, there is nothing for adjudication. Therefore, there is no merits in the present Civil Miscellaneous Appeal even though the appellants were set exparte.

9.Accordingly, the present Civil Miscellaneous Appeal is dismissed as not maintainable. No cost.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar jen To

1. The Special Court under the TNPID Act, Chennai.

2. The Section Officer, V.R. Section, Madras High Court.

+1cc to the Special Government Pleader, S.R.No. 93403 C.M.A.No.3476 of 2005 AD(CO) GN(13/12/2019)