Muntazir Mahdi Juddy, v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2016

CORAM

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.VENUGOPAL C.R.P (PD) No.571 of 2016 and C.M.P.No.2930 of 2016 Muntazir Mahdi Juddy ..

Petitioner Vs.

1.State Bank of India, No.157, Anna Salai Branch, Chennai - 2.

2.The Chief Manager and Authorised Officer, State Bank of India, Stressed Assets Management Branch, Red Cross Building, 32, Montieth Road, Egmore, Chennai - 8.

..

Respondents Civil Revision Petition filed under Article 227 of The Constitution of India against the order of the Debt Recovery Tribunal I at Chennai dated 13.01.2016 in S.I.A.No.49 of 2015 in S.A.No.128 of 2013.

For Petitioner .. Ms.V.Vimala For Respondents .. Mr.S.Sethuraman

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) Mr.S.Sethuraman, learned counsel, who normally appears for State Bank of India, accepts notice on behalf of the respondents. With the consent of the learned counsel appearing for the parties, the Civil Revision Petition is taken up for final disposal at the admission stage. 2.The instant Civil Revision Petition is preferred against the order of the Debt Recovery Tribunal-I, Chennai (for short 'DRT') dated 13 January 2016 made in S.I.A.No.49 of 2015 in S.A.No.128 of 2013, whereunder, the petitioner was directed to deposit a sum of Rs.3,58,000/- with the respondent Bank, on or before 12 February 2016.

3.The only issue raised in this petition, as pleaded by the learned counsel for the petitioner, is that the petitioner could not deposit the amount of Rs.3,58,000/- on or before 12 February 2016, as directed by the DRT. Thus some more time may be granted to the

petitioner, enabling him to contest the matter on law before the DRT. 4.We have examined the pleadings and also the order sought to be impugned in this Civil Revision Petition. 5.The DRT, while allowing the application of the petitioner, imposed a condition to deposit a sum of Rs.3,58,000/- with the respondent bank on or before 12 February 2016, failing which, it was observed that the application would stand dismissed. Having regard to the fact situation and also on consideration of the submissions, we are inclined to grant further three weeks time from 12 February 2016 to the petitioner to deposit the aforestated amount. Thereafter, the DRT shall proceed with the matter on merits.

6.With the aforestated direction, the Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(SATISH K.AGNIHOTRI,J.) (M.VENUGOPAL J.) 24 February 2016 Index:Yes/No mmi

Note: Issue copy of the order on 26.02.2016 SATISH K.AGNIHOTRI, J.

and M.VENUGOPAL, J.

mmi To The Debt Recovery Tribunal I, Chennai.

C.R.P. (PD) No.571 of 2016 24.02.2016