M/S Sss Commodities And Logistics Pvt Ltd., v. South Indian Bank

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 W.M.P.Nos.24562 and 24565 of 2025 M/s.SSS Commodities and Logistics Pvt. Ltd., Rep. by its Director, Mrs.Sathic Basha Parveen Banu @ S Parveen Banu, No.38C, Abul Kalam Azad Street, Ariyanvayal Minjur 601 203.

.. Petitioner -vsSouth Indian Bank, Rep. by its Authorised Officer, Regional Office: Chennai, No.43, Ground Floor, Haddows Road, Nungambakkam, Chennai 600 006.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 04.06.2025 in I.A.No.955 of 2025 in S.A.No.335 of 2025 passed by the Debts Recovery Tribunal-II, Chennai and quash the same and further direct the DRT-II, Chennai to hear the S.A.No.335 of 2025 on merits and dispose of the same.

For Petitioner :

Mr.A.Arokia Satheesh For Respondent :

Mr.K.Jayaganga for M/s.Ananda Gomathy * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Looking at the prayer, at the outset, in our opinion, this petition is not maintainable. Petitioner also has an alternative remedy of approaching the Debt Recovery Appellate Tribunal. Moreover, the order passed is an interim order and petitioner has to only comply with the interim order.

2. Sri.Satheesh states that the bank is now claiming Rs.5 crores, whereas, according to him, it is only Rs.2 crores and petitioner is ready to pay Rs.2 crores. The conditional order is to deposit 25% of Rs.5 crores, which is Rs.1.25 crores and that is less than Rs.2 crores, which petitioner is ready to pay. Therefore, if petitioner deposits the amount as directed by the Debt Recovery Appellate Tribunal and thereafter, persuades the bank to agree to an OTS, certainly the bank will give credit for the amounts

received.

Petition is dismissed. There shall be no order as to costs. Consequently, the interim applications also stand dismissed. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 18.06.2025 Index : Yes/No : Yes/No sra To The Authorised Officer, South Indian Bank, Regional Office: Chennai, No.43, Ground Floor, Haddows Road, Nungambakkam, Chennai 600 006.

The Hon'ble Chief Justice and Sunder Mohan, J.

(sra) 18.06.2025