K. Rajarajan v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & CMP Nos.20339 & 22156 of 2024 K.Rajarajan ..

Petitioner Vs.

1. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Having Office at 3rd Floor Central Office Annex Building 763, Anna Salai, Chennai 600 002.

2. Dr.K.Saravanan

3. Dr.S.Kavitha

4. M/s. Kun Commercial Vehicles Pvt. Ltd.

Rep. by its Managing Director V.Venkadesh C-48, 2nd Avenue, Anna Nagar East Chennai 600 102.

..

Respondents Prayer : Petitions filed under Article 227 of the Constitution of India

against the order dated 29.05.2024 passed in M.A.No.4 of 2023 in R.A.No.2 of 2023 in S.A.No.334 of 2022 and in R.A.No.2 of 2023 in S.A.No.334 of 2022 on the file of Debts Recovery Tribunal-I, Chennai.

For Petitioner :

Mr.V.Raghavachari Senior Counsel For Mr.M.Manimaran For Respondents :

Mr.M.L.Ganesh for Respondent-1 Mr.D.Senthur Kugan for Respondents 2 & 3 No appearance for Respondent-4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitions arise out of the common order passed by the Tribunal rejecting application seeking to review the order and also rejecting application for condonation of delay.

2. Learned Senior Counsel could not dispute the settled legal position as declared by the Supreme Court in the case of Standard

Chartered Bank v. MSTC Ltd. [2020 (13) SCC 618] that the Debts Recovery Tribunal does not have jurisdiction to condone the period of delay beyond the period prescribed by law. The Tribunal has also noted the said judgment.

3. In that view of the matter, these petitions are sans merit and accordingly, they are dismissed. There shall be no order as to costs. Consequently, the interim application are also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 01.09.2025 Index :

Yes/No Yes/No kpl To The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Having Office at 3rd Floor Central Office Annex Building 763, Anna Salai

Chennai 600 002.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 01.09.2025