N.Lakshmi Ammal v. State Bank Of Saurashtra
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2019 CORAM :
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.25729 of 2014 Natarajan Reddiar (Deceased) 1.N.Lakshmi Ammal 2.N.Rajeshwari 3.N.Vadivelan 4.N.Vasanthi 5.N.Rukmani 6.N.Ekambaram 7.N.Deenadayalan 8.N.Vijayan 9.N.Saraswathi ... Petitioners (petitioners 1 to 9 are the legal heirs of Late Natarajan Reddiar) Vs.
1.State Bank of Saurashtra, Adambakkam Branch, rep by its Branch Manager, Chennai - 600 088.
2.East Pasific Safety Industrial Private Ltd., Palayahamman Street, Urappakkam, Chennai - 600 047.
3.R.Thiruselvan 4.P.A.Goutham 5.N.Balakrishnan 6.R.Kumar 7.Vitobhai Ammal 8.Jiyabai 9.Ambiga 10.Pushpaa 11.Jagatha 12.C.Sekar 13.Ramasamy Govindasamy 14.The Debts Recovery Tribunal - III, Spencers Towers (Dewa Towers), 5th Floor, Anna Salai, Chennai - 600 002, rep by the Presiding Officer
15.The Debt Recovery Appellate Tribunal, Indian Bank Building - 4th Floor, Ethiraj Salai, Chennai, rep by the Registrar ... Respondents (R2 to R13 are given up) Petition filed under Article 226 of the Constitution of India praying for issue of Writ of certiorarified mandamus calling for the records connected with the order dated 07.07.2014 passed by the 15th respondent in I.A.No.1115 of 2012 in AIR No.789 of 2012 and quash the same and consequently, direct the 15th respondent to admit the appeal in AIR No.789 of 2012 filed by the petitioners.
For Petitioners: Mr.P.Mani for Mr.Y.Kaja Navas For Respondents: Mr.O.Padmaprakash (R1) R14 & R15 - Tribunal R2 to R13 - not ready in notice
O R D E R
(Order of the Court made by the Hon'ble Chief Justice and M.Duraiswamy, J.) The petitioners have filed the above Writ Petition to issue a Writ of certiorarified mandamus calling for the records relating to the order dated 07.07.2014 passed by the 15th respondent in I.A.No.1115 of 2012 in AIR No.789 of 2012 and to quash the same and consequently, direct the 15th respondent to admit the appeal in AIR No.789 of 2012 filed by the petitioners. 2.Challenging the order passed in O.A.No.226 of 2007 on the file of the Debts Recovery Tribunal - III, Chennai, the petitioners preferred an appeal in AIR No.789 of 2012 before the Debt Recovery Appellate Tribunal, Chennai. In the said appeal, the appellants filed an application in I.A.No.1115 of 2012 for waiver of pre-deposit.
The Appellate Tribunal, taking into consideration the outstanding payable by the borrower and the guarantor to the tune of Rs.6,44,88,574/- and also the value of the property mortgaged by Late Natarajan Reddiar, directed the appellants to make a pre-deposit of Rs.30 lakhs. While arriving at the said figure, the Appellate Tribunal also took into consideration the value of the property mortgaged by the guarantor at Rs.60 lakhs.
3.When the outstanding payable was more than
Rs.6,44,88,574/-, fixing the pre-deposit of Rs.30 lakhs based on the value of the property is very meagre and we find no reason to interfere with the said amount. In these circumstances, the Writ Petition is dismissed. The petitioners are granted four weeks time from the date of receipt of a copy of this order to make the pre-deposit of Rs.30 lakhs before the Debt Recovery Appellate Tribunal, Chennai. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1.The Branch Manager, State Bank of Saurashtra, Adambakkam Branch, Chennai - 600 088.
2.The Presiding Officer, Debts Recovery Tribunal - III, Spencers Towers (Dewa Towers), 5th Floor, Anna Salai, Chennai - 600 002.
3.The Registrar, Debt Recovery Appellate Tribunal, Indian Bank Building - 4th Floor, Ethiraj Salai, Chennai.
+1cc to Mr. O.Padma Prakash, Advocate, S.R.No. 5454 +1cc to Mr. Y.Kaya Navas, Advocate, S.R.No. 6309 W.P.No.25729 of 2014 PP(CO) GN(15/02/2019)