M/S Bank Of Baroda v. Vincent Raju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WMP Nos.23570, 23573, 23575 of 2025 M/s.Bank of Baroda, rep. By its Chief Manager, Prem Kumar : Petitioner versus 1.Vincent Raju 2.M/s.Daarin Pro Machines, rep. By its Proprietor, Vincent Raju 3.M/s.Nivjer Infrastructure, rep. By its Proprietor, Vincent Raju 4.Valsala Raju : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order dated 29.05.2025 passed by the DRAT, Chennai, in I.A.No.614 of 2025 in AIR No.827 of 2025 and quash the same as being erroneous, contrary to law and in violation of principles of natural justice.

For Petitioner :

Ms.Revathi Manivannan For Respondents :

Mr.B.Thilak Narayanan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition is impugning an interim order dated 29 May 2025 by which respondent was directed by Debt Recovery Appellate Tribunal to make a pre-deposit of Rs.38,63,097/- in two installments. 50% was to be made by 12.06.2025, which we are told has been made; and the balance 50% by 26.06.2025. Debt Recovery Appellate Tribunal says the appeal will stand dismissed if this condition is not complied with. Matter is posted for 30.06.2025.

2. Ms.Manivannan states not only the property has been sold, but even sale certificate has been issued and because of this order, petitioner is unable to hand over physical possession.

3. These facts may be brought to the notice of Debt Recovery Appellate Tribunal and petitioner may file a vacate stay petition or argue that the appeal is not maintainable or should be dismissed on the next date before Debt Recovery Appellate Tribunal, which is 30.06.2025.

4. Petition stands dismissed. There will be no order as to costs. Consequently, the interim applications also stand disposed of. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 18.06.2025 Index : Yes/No : Yes/No tar To The Debt Recovery Appellate Tribunal, Chennai

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 18.06.2025