R.Ravi v. Asset Reconstruction Company (India) Limited (Arcil)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.25615 & 25616 of 2026 R.Ravi S/o.V.Raman Residing at No.54, Beach Road Kalakshetra Colony, Besant Nagar Chennai-600 090 Petitioner(s) Vs
1. Asset Reconstruction Company (India) Limited (ARCIL) Regd. Office at The Ruby, 10th Floor No.29, Senapati Bapat Marg Dadar (West), Mumbai-400 028.
2. M/s.Chettinad Academy of Research and Education (CARE) Regd. office at Chettinad Towers 5th Floor, No.503, Anna Salai Chennai-600 006.
3. Sujatha Chattopadhyay Resolution Professional of
RR Info Park private limited Office at CH-1/15 Kendriya Vihar Sector 11, Kharghar Navi Mumbai-410 210.
Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for records of the impugned order dated 30.03.2026 passed by the DRAT-Chennai in pursuant to the order dated 26.02.2026 in I.A. No.339 of 2023 (Waiver petition) in Regular Appeal (A.I.R) No.1130 of 2023 and quash the same by discarding the order dated 26.02.2026 passed by the DRAT-Chennai in I.A.No.339 of 2023 in Regular Appeal (A.I.R) No.1130 of 2023 to the extent wherein it provides in paragraph 12 that failure to deposit would warrant the appeal to be dismissed as illegal, arbitrary and in violation of principles of natural justice and consequentially direct the DRAT-Chennai to restore regular Appeal (A.I.R) No.
1130 of 2023 to its file by considering that when the moratorium under Section 14 of the Insolvency and Bankruptcy code (IBC) 2016 is in force, the requirement to pay a pre-deposit for filing an appeal before the Debt Recovery Appellate Tribunal (DRAT) generally does not apply (is not attracted) to the Corporate Debtor since the moratorium acts as a statutory shield prohibiting the continuation or initiation of proceedings against the corporate debtor and to diligently prosecute Regular Appeal (A.I.R) No.1130 of 2023 in the best interests of the Corporate Debtor and its stakeholders.
Mr.B.Gurumurthy
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for petitioner seeks leave to withdraw the petition with liberty to file revision petition.
2. With the aforesaid liberty, this petition is dismissed as withdrawn. Consequently, the interim applications are also dismissed.
3. Registrar Judicial is directed to instruct the Registry not to register petition under Article 226 of the Constitution of India against the order passed by Debts Recovery Tribunal or Debt Recovery Appellate Tribunal.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 30.06.2026 Index :
Yes/No Yes/No kpl
To The Registrar Judicial High Court Madras.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) 30.06.2026