Ars Energy Private Limited v. Canara Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.10.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and C.M.P.No.22166 of 2024
1. ARS Energy Private Limited, CIN: U40100TN1990PTC032178 Regd. Office: D-109, 4th Floor, LBR Complex Chintamani, Anna Nagar East, Chennai 600 102.
2. Ashwani Kumar Bhatia
3. Rajesh Bhatia
4. BGS Credit Private Limited CIN: U65923DL1990PTC279460 J-47, Ramesh Nagar Sanatan Dharam Mandir Lane, West Delhi, New Delhi:110015.
5. Leading Estates Limited, CIN: U45201DL2003PLC121065 J-47, Ramesh Nagar Sanatan Dharam Mandir Lane, West Delhi, New Delhi:110015.
6. East Delhi Leasing Private Limited, CIN: U65910DL1993PTC052164, J-47, Ramesh Nagar Sanatan Dharam Mandir Lane, West Delhi, New Delhi:110015.
... Petitioners
-vs1. Canara Bank Asset Recovery Management Branch, Spencer Tower-3, First Floor, 770, Anna Salai, Chennai 600 002.
2. Bank of Baroda, CFS Branch, IFSC Code: BARBOTHEGA 2nd Floor, 74, Thyagaraja Road, Near Panagal Park, T.Nagar, Chennai 600 017.
3. HDFC Bank Limited, Department For Special Operations, IFSC Code: HDFC0000004, 7th Floo, B Wing, Prince Kushal Towers, No.96, Mount Road, Chennai 600014.
4. Punjab National Bank, Mid Corporate Centre, IFSC Code:PUNB0121310, Chennai North, 769, Spencer Plaza, Anna Salai, Chennai 600 002.
5. State Bank of India, RM-V, Overseas Branch (Mid Corporate Group), IFSC Code: 004804, 86, Rajaji Salai, Chennai 600 002.
... Respondents Prayer : Petition filed under Article 227 of the Constitution of India against the order of the Debts Recovery Tribunal-1, Chennai, dated 01.07.2024 made in I.A.No.106 of 2024 in O.A.No.6 of 2024. For Petitioners :
Mr.Srinath Sridevan Senior Counsel for Mr.P.S.Suman For Respondents :
Mr.Raghunathan
for M/s.T.S.Gopalan & Co.
for R-1 * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Petitioners are impugning an order dated 01.07.2024 passed by the Debts Recovery Tribunal (DRT) in an interim application made by respondents condoning a delay of 128 days. The DRT observed that the explanation for the delay was satisfactory.
2. The grievance of petitioners is that they were not heard when the interim application was disposed of.
3. In our view, since it was a discretionary order and delay was only in re-presentation of the O.A., we see no reason to interfere. At the same time, all rights and contentions of petitioners are kept open, including to contest the interest being charged for the further delayed period. We clarify that we have not expressed any opinion and the DRT will decide the same on its own merits.
Civil Revision Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 15.10.2024 Index :
Yes/No NC :
Yes/No sra
To:
1. Canara Bank Asset Recovery Management Branch, Spencer Tower-3, First Floor, 770, Anna Salai, Chennai 600 002.
2. Bank of Baroda, CFS Branch, IFSC Code: BARBOTHEGA 2nd Floor, 74, Thyagaraja Road, Near Panagal Park, T.Nagar, Chennai 600 017.
3. HDFC Bank Limited, Department For Special Operations, IFSC Code: HDFC0000004, 7th Floo, B Wing, Prince Kushal Towers, No.96, Mount Road, Chennai 600014.
4. Punjab National Bank, Mid Corporate Centre, IFSC Code:PUNB0121310, Chennai North, 769, Spencer Plaza, Anna Salai, Chennai 600 002.
5. State Bank of India, RM-V, Overseas Branch (Mid Corporate Group), IFSC Code: 004804, 86, Rajaji Salai, Chennai 600 002.
6. The Registrar, Debts Recovery Tribunal-1, Chennai.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.
(sra) 15.10.2024