R.Anitha v. Repco Home Finance Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.39257, 39260 and 39423 of 2025 1.R.Anitha Wife of R.Sathyavelu, No.18, Annamalai Nagar, 3rd Street, West Mambalam, Chennai 600 033.

2.R.Sathyavelu Son of Rajavelu No.18, Annamalai Nagar, 3rd Street, West Mambalam, Chennai 600 033.

3.R Logesh S/o. Ramachadnran, No.71, Shastri Nagar, Chengalpattu 603 001.

Petitioners Vs

Repco Home Finance Limited Rep. by its Authorized Officer, The Chief Manager, Having Office at Plot No.4055, U Block No.10, 1st Floor, Upp. Punjab National Bank, 4th Main Road, Anna Nagar West, Chennai 600 040.

Respondent PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records from IA No.730/2023 in AIR No.1045/2023 on the file of the Debt Recovery Appellate Tribunal at Chennai and to quash the order dated 23.04.2025.

For Petitioners:

M/s.Ilayarani Ponraj.J

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the petitioner.

2. Taking into consideration the submission made by learned counsel for the petitioners that due to bona fide and inadvertent mistake, instead of depositing 25% of the amount payable as required under Section 18 of the SARFAESI Act before the Debt Recovery Appellate Tribunal (DRAT), a demand draft dated

15.4.2025 was drawn in favour of the secured creditor, we grant petitioners one opportunity to seek indulgence of the DRAT by moving appropriate application bringing this fact on record. Along with the application, the petitioners shall also submit demand draft drawn in the name of the Recovery Officer, DRAT, Chennai.

3. If that is done, the DRAT shall take the same into consideration and pass appropriate orders.

4. The petition is, accordingly, disposed of. There shall be no order as to costs. W.M.P.No.39257 of 2025 filed to permit the petitioners to file a single writ petition is ordered, subject to payment of separate court fee within two weeks. W.M.P.Nos.39260 and 39423 of 2025 stand closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 18.09.2025 Index :

Yes/No :

Yes/No bbr

To:

The Authorized Officer, The Chief Manager, Repco Home Finance Limited Plot No.4055, U Block No.10, 1st Floor, Upp. Punjab National Bank, 4th Main Road, Anna Nagar West, Chennai 600 040.

Copy to:

The Debt Recovery Appellate Tribunal, Chennai.

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

bbr 18.09.2025