Madras High CourtCRP/1795/2022disposed of

N.Anandhi v. The Authorised Officer

2022-06-02Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Mohammed Shaffiq3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.R.P.No.1795 of 2022 and C.M.P.Nos.9089 & 9090 of 2022 N.Anandhi .. Petitioner Vs.

1. The Authorised Officer, State Bank of India, Retail Assets Central Processing Centre, Coimbatore North, Kurinji Complex, State Bank Road, Coimbatore - 641 018.

2. The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, No.377/1, Dr.Nanjappa Road, Behind N.S.Palaniappan Hospital, Coimbatore - 641 009.

3. K.Palaniswamy .. Respondents Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 18.05.2022, passed in I.A.No.102 of 2022 in AIR (SA) No.47/2022 by the Debt Recovery Appellate Tribunal at Chennai against the order dated 11.03.2022 in I.A.No.909 of 2022 in S.A.No.252 of 2022 on the file of the Debt Recovery Tribunal, Coimbatore.

For Petitioner : Mr.K.Venkateswaran For Respondents 1 & 2 :

Mr.M.Devaraj Standing Counsel for SBI

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) Though the petitioner herein has raised several grounds in the present Civil Revision Petition, the learned counsel appearing for the petitioner made a sympathetic request that the instalments ordered by the Debt Recovery Appellate Tribunal, Chennai could be modified from two instalments to four instalments, since her business was completely affected due to CODIV-19 pandemic situation.

2. The learned standing counsel appearing for the respondent bank, on instructions, submitted that they have no objections if the order of the Debt Recovery Appellate Tribunal, Chennai is modified from two instalments to four instalments.

3. Recording the submissions of both the counsel, the impugned order passed in I.A.No.102 of 2022 in AIR (SA) No.47/2022 by the Debt Recovery Appellate Tribunal, Chennai dated 18.05.2022, in so far as it orders for deposit of 50% of the notice amount in two instalments is modified into four instalments. Accordingly, the petitioner herein shall deposit 50% of the notice amount of Rs.64,44,913/- in four equal instalments, whereby the first instalment shall be deposited on or before 14.06.2022 and the remaining three instalments shall be deposited by 14th day of every subsequent month. All other observations and findings made by the Debt Recovery Appellate Tribunal, Chennai in the impugned order shall remain intact.

4. With the above modification this civil revision petition is disposed of.

Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar kk/ab To

1. The Debt Recovery Appellate Tribunal Chennai.

2. The Debt Recovery Tribunal Coimbatore.

3. The Authorised Officer, State Bank of India, Retail Assets Central Processing Centre, Coimbatore North, Kurinji Complex, State Bank Road, Coimbatore - 641 018.

4. The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, No.377/1, Dr.Nanjappa Road, Behind N.S.Palaniappan Hospital, Coimbatore - 641 009.

+1cc to Mr.M.Devaraj, Advocate SR. No. 32064 +1cc to Mr.K.Venkateswaran, Advocate SR. No. 32056 C.R.P.No.1795 of 2022 and C.M.P.Nos.9089 & 9090 of 2022 GPL (CO) PR (10/06/2022)