Kalyan Mohan v. The Debt Recovery Appellate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.6.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.15629 of 2017 and W.M.P.No.16922 of 2017 1 Kalyan Mohan 2 Keerthi Sarayu Petitioners Vs 1 The Debt Recovery Appellate Tribunal At Chennai Ethiraj Salai Chennai - 600 008 rep. by its Registrar.

2 Tamilnadu Mercantile Bank rep. by its Authorised Officer No.25 Venkatnarayana Road T. Nagar Chennai -17.

3 Mrs.W.Kasthuri Bai rep. by her Power Agent R. Murali Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the Debt Recovery Appellate Tribunal dated 31.10.2016 in RA(SA) 90 of 2013 and quash the same. For petitioner : Mr.Niranjan Rajagopalan For R2 : Mr.V.Chandrasekaran

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the appellant and the learned counsel representing the Bank.

2. It appears that the property in question which was mortgaged in favour of the bank, is said to have been purchased by the writ petitioners. The petitioners, claiming to be third https://hcservices.ecourts.gov.in/hcservices/

parties to the loan transaction, would contend that they, being unaware of the mortgage in favour of the bank, had purchased the property and therefore, they are entitled to waiver of court fee.

3. It is to be noted that the property in question was offered as mortgage by the guarantor to the loan transaction, in favour of the bank. The purchaser of a property under mortgage cannot be treated as third party to avoid any controversy. The petitioners, having stepped into the shoes of the guarantor, is liable to pay the requisite court fee and cannot avoid such liability, claiming to be a third parties. Therefore, we do not find any reason to interfere with the order passed by the Debts Recovery Appellate Tribunal. The writ petition is dismissed. No costs. The connected miscellaneous petition is also dismissed. However, it is for the petitioners to pay pay the requisite court fee within one month from the date of receipt of a copy of this order.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ssk.

To:

1 The Debt Recovery Appellate Tribunal At Chennai Ethiraj Salai Chennai - 600 008 rep. by its Registrar.

2 Tamilnadu Mercantile Bank rep. by its Authorised Officer No.25 Venkatnarayana Road T. Nagar Chennai -17.

+1cc to Mr.V.Chandrasekaran,Advocate sr.43964 +1cc to M/s.G.R.Associates,Advocate sr.44248 W.P.No.15629 of 2017 ak(co) ss(17/7/2017) https://hcservices.ecourts.gov.in/hcservices/