V. Anuradha v. Canara Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE HULUVADI G. RAMESH AND THE HON`BLE MR JUSTICE RMT. TEEKAA RAMAN CMP No.18490 of 2017 IN CRP.1302/2017 1 V. ANURADHA [ PETITIONER ] Vs 1 CANARA BANK [ RESPONDENT ] ARM BRANCH, REP BY ITS AUTHORISED OFFICER, SPENCER TOWERS, NO.770-A, ANNA SALAI, CHENNAI.
2 M/S.SWASTIK ENTERPRISES REP.BY ITS PROPRIETOR, S.SAMRAJ, FLAT NO.47, 4TH FLOOR, RISHIKESH APARTMENTS, NO.75/38, G. N.CHETTY ROAD, T.NAGAR, CHENNAI.
3 S.SAMRAJ Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant extension of time by 16 weeks for remittance of the balance amount of Rs.1.50 crores and pass such further or other orders(in CMP No.18490 of 2017)pending disposal of above CRP.1302/2017 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.VIJAYAGANESH, Advocate for the petitioner and of M/S.AR.L.SUNDARESAN, Standing Counsel for M/S.UMA SUDAN on behalf of the Respondents the court made the following order:- (Order of the court was made by RMT.TEEKAA RAMAN, J.) Heard the learned counsel appearing for the parties and perused affidavit filed in support of the petition.
2. This is the third application seeking extension of time for payment of balance amount of Rs.1.5 crores which is not the amount due by the borrower, but, only a pre-deposit to be made by the proposed buyer of the property which is being subjected to recovery proceedings, to agitate the matter on merits before the Debts Recovery Tribunal,
3. It appears that we already extended the time thrice. However, now, it appears from the perusal of the records and the submission of the learned Senior Counsel appearing for the Bank that even for making the pre-deposit to agitate the case before the Debts Recovery Tribunal, the petitioner seeks extension of time having failed to mobilise the funds.
4. However, considering the facts and circumstances of the case, as a last chance, we extend the time for making the payment by six weeks from today. In the event of any failure to deposit the amount within the above stipulated period, it is open to the Bank to proceed in accordance with law, without any more reference to the court. -sd/- 31/10/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI C.C. to M/S.VIJAYAGANESH S. Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.18490/2017 in CRP.1302/2017 Date :31/10/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format T.R (07/11/2017)