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Madras High CourtWP/31265/2025dismissed

S.Natarajan v. Authorised Officer Idbi000vo22

2025-08-20Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Natarajan : Petitioner versus Authorised Officer, IDBI000V022 Indian Bank, Villianoor Branch, No.9/53, Pondy Road, Villianoor, Puducherry 605 110 : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to order dated 21.03.2025 passed by the Debts Recovery Appellate Tribunal, Chennai in IA. No.70 of 2025 in AIR (SA) 1557 of 2024 and consequential order dated 24.04.2025 passed by the Debts Recovery Appellate Tribunal, Chennai in I.A.No.70 of 2025 in AIR (SA) 1557 of 2024 and quash he same and consequently direct the Debts Recovery Appellate Tribunal, Chennaim to number the AIR (SA) 1557 of 2024 and its connected I.As and take up the same for hearing in accordance with law.

For Petitioner :

Mr.L.G.Sahadevan, for Mr.A.Ilaya Perumal

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the order dated 21.03.2025 is premised mainly on the submission that while deciding the extent of waiver, Debts Recovery Appellate Tribunal ('Appellate Tribunal', for short) has not appreciated the submissions made by the petitioner, particularly with regard to the hardship that the petitioner would be facing in case he is directed to deposit 30% of the liability.

2. A brief order has been passed by the Appellate Tribunal on 21.03.2025. After hearing both sides, the Appellate Tribunal directed the petitioner to pay 30% of the liability as pre-deposit. Moreover, the pre-deposit was directed to be paid in two instalments; first installment on or before 25.03.2025 and the second on 22.04.2025.

3. The petitioner did not challenge this order nor did he comply with the same; but has chosen to file this petition in the month of August, 2025; when the dates on which installments were to be paid have expired.

4. In the absence of there being any error of jurisdiction or any miscarriage of justice, we are not inclined to interfere with the order passed by the Appellate Tribunal. However, petitioner is granted liberty to apply before Debt Recovery Appellate Tribunal to extend time for payment of pre-deposit of 30% of Rs.1,98,39,778/-, which comes to around Rs.59,51,933/-.

5. The petition stands dismissed. There will be no order as to costs. Consequently, WMP No.34992, 34990, 34993 of 2025 are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 20.08.2025 Index : Yes/No tar To 1.Authorised Officer, Indian Bank, Villianoor Branch, No.9/53, Pondy Road, Villianoor, Puducherry 605 110 2.The Debt Recovery Appellate Tribunal, Chennai

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

(tar) 20.08.2025