Lakshmanan Muniyandi v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ & W.M.P.Nos.12993 & 12994 of 2025
1. Lakshmanan Muniyandi
2. Jayalakshmi Muniyandi ..
Petitioners Vs.
1. The Authorised Officer Indiabulls Housing Finance Limited No.20, Apex Chamber, 1 st Floor Sri Thyagaraja Road, T.Nagar Chennai 600 017.
2. The Authorised Officer CFM Asset Reconstruction Pvt. Ltd.
No.001, Manito Commanders Marbel DUO Marvel Layout, Ananthapura Road Yelahanka, Bangalore 560 006.
3. AKS Housing Development Company Pvt. Ltd.
Rep. by its Managing Director Office at AKS Druva Apartment New No.12, Old No.17, Balaji Avenue 1 st Street, T. Nagar, Chennai 600 017.
..
Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records in A.I.R.No.1068 of 2024 and I.A.No.560 of 2024 dated 12.02.2025 passed by the Debt Recovery Appellate Tribunal, Chennai and quash the same as illegal, incompetent and wholly without jurisdiction.
For Petitioners :
Mr.V.Raghavachari Senior Counsel For Mr.Sunny Sheen Akkara For Respondents :
Mr.T.Sai Krishnan for Respondents 1 & 2 Mr.E.Om Prakash Senior Counsel For M/s. Ramalingam & Associates for Respondent-3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Petition impugns an order dated 12.02.2025, by which, petitioners' appeal was dismissed due to non-compliance with a conditional order dated 27.12.2024.
2. It is petitioners' case that on 27.12.2024, petitioners were directed to deposit a sum of Rs.1,70,30,929.50 in two installments of Rs.85,15,465/-
each. Admittedly, petitioners made a deposit of Rs.85,15,465/- on 10.01.2025, but the second installment could not be paid. Petitioners sought an extension of two weeks for depositing the second installment, which was granted. Petitioners could not pay the second installment within the extended period and hence, by the impugned order, appeal came to be dismissed.
3. Shri. Raghavachari, appearing for petitioners, stated that there is a Pay Order for Rs.85,15,465/- towards the second installment and the same shall be deposited in the Debt Recovery Appellate Tribunal either before the close of business today or tomorrow (03.04.2025). The Court imposed a further condition that petitioners should pay a further sum of Rs.15,00,000/- for restoring the appeal. Shri. Raghavachari, on instructions, stated the amount of Rs.15,00,000/- shall be deposited on or before 07.04.2025.
4. In view of the statement made by Shri. Raghavachari, which we accept as an undertaking to the Court, we restore the appeal pending before
the Debt Recovery Appellate Tribunal being AIR No.1068 of 2024. If the amount of Rs.15,00,000/- is not paid on or before 07.04.2025, with no chance of extension being granted by this Court, the order above restoring the appeal will stand recalled. In such a case, the bank may appropriate the amount already deposited towards the loan amount.
5. Petition is disposed of. All rights and contentions are kept open. There shall be no order as to costs. Consequently, W.M.P.No.12993 of 2025 filed to permit petitioners to join and file a single writ petition is ordered and W.M.P.No.12994 of 2025 also stands disposed.
6. We clarify we have not made any observation on the merits of the appeal pending before the Debt Recovery Appellate Tribunal. (K.R.SHRIRAM, CJ) (MOHAMMED SHAFFIQ,J.) 02.04.2025 Index :
Yes/No :
Yes/No kpl
To
1. The Authorised Officer Indiabulls Housing Finance Limited No.20, Apex Chamber, 1 st Floor Sri Thyagaraja Road, T.Nagar Chennai 600 017.
2. The Authorised Officer CFM Asset Reconstruction Pvt. Ltd.
No.001, Manito Commanders Marbel DUO Marvel Layout, Ananthapura Road Yelahanka, Bangalore 560 006.
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(kpl) 02.04.2025