M/S.Sridevi Hospital v. M/S.Asset Reconstruction Company (India) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.M.P.No.11527 of 2025

1. Sridevi Hospital Rep By Its Proprietor Dr.K.Senthilnathan, Plot No.1499, 16th Main Road, Anna Nagar, Chennai 600040

2. Dr.K.Senthilnathan

3. Meena Petitioner(s) Vs

1. Asset Reconstruction Company (India) Ltd (Acting In Its Capacity As Sole Trustee of the ARCIL-Asset Reconstruction Fund II Trust) Rep. By Its Authorised Officer, The Ruby 10th Floor, Senapathi Bapat Marg, Dadar(West), Mumbai 400028.

2.Asset Reconstruction Company (India) Ltd Rep. by its Managing Director, The Ruby 10th Floor, Senapathi Bapat Marg, Dadar(west), Mumbai 400028.

3.Indian Overseas Bank Limited Through its Authorised Officer Under SARFAESI Act, New No. 1063 Old No.539 EVR Periyar High Road, Arumbakkam Branch, Chennai 600106.

Respondent(s) Prayer : Petition filed under Order IV, Rule 9(4) of AS Rules to condone the delay of 94 days in re-presentation of case papers and direct the Registry to further process the case. For Petitioner(s): Mr.A.Kalimuthu

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The application is to condone the delay of 94 days in re-presentation. In the affidavit in support filed through one Ershad Ahmed, a junior advocate, the advocate has been candid to admit that it was his fault that caused the delay.

2. Since litigant should not suffer due to fault of the advocate, we condone the delay.

3. Application is allowed and disposed of.

4. Registry to number the writ petition, if it is otherwise in order, and be listed for admission on 08.04.2025.

5. Petitioners shall serve copies of delay condonation application, writ petition as well as this order on respondents by 02.04.2025. Affidavit of service shall be filed by 04.04.2025.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 26.03.2025 bbr

To

1. The Authorised Officer, Asset Reconstruction Company (India) Limited (Acting In Its Capacity As Sole Trustee of the ARCIL-Asset Reconstruction Fund II Trust) The Ruby 10th Floor, Senapathi Bapat Marg, Dadar(West), Mumbai 400028.

2.The Managing Director, Asset Reconstruction Company (India) Limited The Ruby 10th Floor, Senapathi Bapat Marg, Dadar(West), Mumbai 400028.

3.The Authorised Officer Under SARFAESI Act, Indian Overseas Bank Limited New No. 1063 Old No.539 EVR Periyar High Road, Arumbakkam Branch, Chennai 600106.