M/S. Indo Engineering Atc Llp. v. The Authorized Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.05.2025 CORAM :
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19500 of 2025 and W.M.P.No.21836 of 2025
1. M/s. Indo Engineering ATC LLP.
(PAN No.AAJF12139M) A Partnership Firm represented by its Partners, B.S.Shanmugam, Regd. Office Y Block 68bB, 4th Street, Anna Nagar, Chennai.
2.B.S.Shanmugam S/o. Late Sathyanarayanan, No.H70/T2, Mullai Apartment, Thiruvalluvar Nagar, Near IOB Valmiki Nagar Branch, Thiruvanmiyur, Chennai 600 041.
3.Abitha Wilson D/o. Wilson, Y Block 68B, 4th Street Anna Nagar, Chennai 600 040.
Petitioners
Vs The Authorized Officer Canara Bank (IFSC Code: CNRB0016003) T.Nagar II Branch, Rep. by its Divisional Manager, Nos.9 and 10, Sir Thiyagaraya Road, T.Nagar, Chennai 600 017.
Respondent PRAYER Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certioarified Mandamus, calling for the records pertaining to the Impugned order passed by the Debt Recovery Appellate Tribunal, Chennai in I.A.No.155/2025 in AIR 1903 of 2024 dated 30.04.2025 and quash the same and consequently directing the Debt Recovery Appellate Tribunal, Chennai to extend the time for the period of 8 weeks to comply the 1st installment in the order passed in I.A.No.155 of 2025 in AIR 1903 2024 dated 30.04.2025 passed by the DRAT, Chennai.
For Petitioner:
Ms.L.Meenakshi for Mr.M.Dinesh
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.) By an order dated 30.04.2025, application for waiver of pre-deposit under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was allowed by directing the petitioners to make the pre-deposit of Rs.18,29,755/- within a period of six weeks in two equal installments of Rs.9,14,878/- and Rs.9,14,878/-. The petitioners failed to make the pre-deposit as directed.
2. Although the order of the Debt Recovery Appellate Tribunal has been assailed in this writ petition, learned counsel for the petitioners submits that the petitioners would make the pre-deposit, if the time granted by the Debt Recovery Appellate Tribunal is extended.
3. In light of such submission, we are inclined to extend the time granted by the Debt Recovery Appellate Tribunal by a period of fifteen days from the date of receipt of a copy of this order.
4. Accordingly, this writ petition is disposed of by extending the time for payment of the aggregate sum of Rs.18,29,755/- by fifteen days from the date of receipt of a copy of this order. If the pre-deposit is made in the manner as directed hereinabove, the Debt Recovery Appellate Tribunal, Chennai, is directed to receive and dispose of the appeal on merits and in accordance with law. There shall be no order as to costs. Consequently, W.M.P.No.21836 of 2025 is closed.
(S.K.R., J.) (T.V.T.S., J.) 28.05.2025 Index :
No No bbr/vum
To The Authorized Officer Canara Bank (IFSC Code: CNRB0016003) T.Nagar II Branch, Rep. by its Divisional Manager, Nos.9 and 10, Sir Thiyagaraya Road, T.Nagar, Chennai 600 017.
SENTHILKUMAR RAMAMOORTHY ,J.
and T.V.THAMILSELVI , J.
bbr/vum 28.05.2025