M/S.Agnite Education Ltd, Rep. v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.4.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE Dr.JUSTICE S.VIMALA W.P.No.8985 of 2017 and W.M.P.No.9896 of 2017 M/s.Agnite Education Ltd Rep. by its Managing Director, No.2AB Gee Gee Emerald 141 Village Road Nungambakkam Now at 37/1 Teledata Tower Velachery Tambaram Main Road Velachery Chennai-600 042 Petitioner

Versus

1 State Bank of India Singapore Branch No.135 Cecil Street #01-00 Singapore-069 536 2 State Bank of India Stressed Assets Management Branch No.32 Montieth Road Red Cross Buildings Egmore Chennai-600 008 3 Baytech Inc Mill Mall Suite-6 Wickhams Cay PO Box 3085 Road Town Tortola, British Virgin Islands (3rd Respondent given up) Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari Calling for records related to order dated 5.12.2016 in M.A. No.131/2015 passed by Debt Recovery Appellate Tribunal at Chennai and quash the same.

For petitioner : Mr.H.Karthik Seshadri

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner for some time.

2. The writ petition has been filed seeking issuance of a writ of certiorari Calling for records related to order dated 5.12.2016 in M.A. No.131/2015 passed by Debt Recovery Appellate Tribunal at Chennai and quash the same.

3. It appears that the respondent-bank had initiated proceedings before the Debts Recovery Tribunal for recovery of money lent to the petitioner herein and at the stage of completion of hearing, the petitioner herein had sought for cross-examination of the bank official which was allowed by the DRT. This order was reversed by the Debts Recovery Appellate Tribunal in the appeal filed by the respondent-bank. Challenging the same, the present writ petition has been filed.

4. According to the petitioner, the cross-examination of the bank official is only to ensure that disputed facts are adjudicated completely and the DRAT has not given proper reasons for reversing the order of the DRT allowing the crossexamination.

5. Be that as it may, the petitioner seeks an opportunity for cross-examining the bank official which was considered and allowed by the DRT. Considering the facts and circumstances of the case, we are of the view that for compliance of natural justice, the matter can be disposed of by dispensing with notice to the other side and an opportunity has to be afforded to the petitioner. Accordingly, the impugned order passed by the DRAT is set aside. The DRT is directed to allow the petitioner herein to cross-examine the bank official either on 26.4.2017 or on a subsequent date to be fixed by the DRT and do the needful as indicated above.

6. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed. -sdAssistant Registrar // True Copy// Sub Assistant Registrar

To:

1 State Bank of India Singapore Branch No.135 Cecil Street #01-00 Singapore-069 536 2 State Bank of India Stressed Assets Management Branch No.32 Montieth Road Red Cross Buildings Egmore Chennai-600 008 copy to

1. The Debt Recovery Appellate Tribunal, chennai

2. The Debt Recovery Appellate Tribunal-II, chennai +1cc to Mr. H. KARTHIK SESHADRI Sr.No. 22400/17 W.P.No.8985 of 2017 VGI (CO) TA 12/05/2017