Mrs.A.Chitrakala v. Lakshmi Vilas Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL C.R.P. (PD) No.2432 of 2014 MRS.A.CHITRAKALA ...PETITIONER Vs.

LAKSHMI VILAS BANK LTD TUTICORIN BRANCH P.B.NO.80 NO.31 EMPEROR ST.

TUTICORIN 628 001 M/S THE RAMANAS REP BY ITS PARTNER MR.J.MAYILVAGANAN NO.92-F 15-18 DEVARPURAM RD TUTICORIN MR.J.MAYILVAGANAN TMT.S.ANGAMMAL ...RESPONDENTS Civil Revision Petition under Article 227 of the Constitution of India praying to set aside the order dated 25-03-2014 passed in I.A.No.142 of 2012 in AIR.No.34 of 2012 on the file of the Debt Recovery Appellate Tribunal at Chennai and allow the above I.A. For petitioner :

Mr. Perumbulavil Radhakrishnan For respondents :

No appearance

ORDER

(Order of the Court is made by SATISH K. AGNIHOTRI,J.) The challenge in this Civil Revision Petition is to the order dated 25.03.2014 passed in I.A.No.142 of 2012 in A.I.R. No.34 of 2012 on the file of the Debt Recovery Appellate Tribunal at Chennai, whereby and whereunder, the Debt Recovery Appellate Tribunal directed the petitioner to deposit a sum of Rs.8,10,015/- on or before 30.06.2014. In default, it was directed that the application for waiver shall stand automatically dismissed.

While issuing notice on 04.07.2014, this Court directed the petitioner to deposit a sum of Rs.4 lakhs within a period of two weeks from the date of receipt of a copy of the order. It is informed that pursuant to that order, the said sum of Rs.4 lakhs has been deposited by the petitioner. It is also informed that, in addition, the fourth respondent had also deposited a sum of Rs.2,00,000/-.

In that view of the matter, we deem it fit and proper to remit the matter back to the Debt Recovery Appellate Tribunal to consider the petitioner's application afresh and pass appropriate orders, at the earliest, preferably within a period of one week, from the date of receipt of a copy of this order. We make it clear that status quo as obtained today shall be maintained in respect of the property in question for a period of one week. The Civil Revision Petition is disposed of accordingly. Costs made easy.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad

To

1) LAKSHMI VILAS BANK LTD TUTICORIN BRANCH P.B.NO.80 NO.31 EMPEROR ST TUTICORIN 628 001

2) THE REGISTRAR DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI.

1 CC to Mr. Perumbulavil Radhakrishnan, Advocate SR.No. 3819 C.R.P.No.2432 of 2014 CA (CO) PSI (10.02.2015)