M/S Hotel Saravana Bhavan v. The Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).Nos.1142 & 1143 of 2014 M/s.Hotel Saravana Bhavan rep by its Partner Mr.R.Saravanan 19, Vadapalani Andavar Koil Street, Vadapalani, Chennai - 600 026.

... Petitioner in both CRPs Vs.

1.The Chief Manager Indian Bank, Assets Recovery Management Branch, 55, Ethiraj Salai, Chennai - 600 013.

2.Indian Bank, rep by its Manager, 151, Mannar Swamy Koil Street, Royapuram, Chennai - 13.

... Respondents in both CRPs Petitions filed under Article 227 of the Constitution of India against the order dated 24.02.2014 made in R.A.(SA).Nos.18 & 19 of 2011 on the file of the Debt Recovery Appellate Tribunal, Chennai. For Petitioner : Mr.M.Sriram (in both CRPs) for M/s.T.L.Ramakrishnan For Respondents : Mr.Jayesh B.Dolia (in both CRPs) for M/s.Aiyar & Dolia

C O M M O N O R D E R (ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) C.R.P.No.1142 of 2014 has been filed by the petitioner challenging the order passed in R.A.(SA).No.18 of 2011 on the file of the Debt Recovery Appellate Tribunal, Chennai. C.R.P.No.1143 of 2014 has been filed by the petitioner challenging the order passed by the Debt Recovery Appellate Tribunal in R.A.(SA).No.19 of 2011.

2.In R.A.(SA).No.18 of 2011, by order dated 24.02.2014, the Debt Recovery Appellate Tribunal granted time till 27.03.2014 to the petitioner to file the waiver application and the translated copies. Challenging this order, the petitioner has filed the Civil Revision Petition in C.R.P.No.1142 of 2014. Challenging the order dated 24.02.2014 made in R.A.(SA).No.19 of 2011 by the Debt Recovery Appellate Tribunal granting time till 27.03.2014 to the petitioner to pay the deficit Court fees, to file the waiver application and also the translated copies, the petitioner has filed the Civil Revision Petition in C.R.P.No.1143 of 2014.

3.When the Civil Revision Petitions are taken up for hearing, Mr.M.Sriram, learned counsel appearing for the petitioner submitted that the petitioner is willing to file the waiver application and comply with the

other defects within a period of two weeks time. The learned counsel appearing for the respondent - Bank has no objection for granting two weeks time to the petitioner to file the waiver application and for compliance of the earlier orders.

4.In view of the submissions made by the learned counsel on either side, we grant two weeks time to the petitioner to file the waiver application and for compliance of the other directions given by the Debt Recovery Appellate Tribunal. The Debt Recovery Appellate Tribunal shall decide the waiver application, on merits and in accordance with law, as expeditiously as possible.

5.With these observations, the Civil Revision Petitions are disposed of. No costs.

Index : Yes/No (V.K.T., CJ.) (M.D., J.) Internet : Yes 13.06.2019 Speaking / Non Speaking Order (2/2) va Note: Issue order copy by 14.06.2019.

THE HON'BLE CHIEF JUSTICE AND M. DURAISWAMY,J.

va To 1.The Chief Manager Indian Bank, Assets Recovery Management Branch, 55, Ethiraj Salai, Chennai - 600 013.

2.The Manager, Indian Bank, 151, Mannar Swamy Koil Street, Royapuram, Chennai - 13.

C.R.P.(PD).Nos.1142 & 1143 of 2014 (2/2) 13.06.2019