V.Suresh v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY V.Suresh ... Petitioner -vsThe Authorised Officer, CANFIN Homes Ltd., Trichy Branch, B-11, 2nd Floor, Star Towers, 12th Cross Thillai Nagar, Trichy 620 018.

... Respondent Prayer : Petition filed under Article 227 of the Constitution of India against the order dated 10.08.2023 made in RA (SA) No.162 of 2018 on the file of Debts Recovery Appellate Tribunal, Chennai, reversing the order dated 6.11.2017 in S.A.No.91 of 2017 of Debts Recovery Tribunal-II, Chennai. For Petitioner :

Mr.A.V.Arun For Respondent :

Mr.R.Gopinath * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petition is impugning an order dated 10.08.2023 passed by the Debts Recovery Appellate Tribunal, allowing the appeal filed by the bank.

2. Counsel for petitioner states that clear 30 days notice required was not given and therefore, sale itself was bad.

3. The sale notice is dated 07.02.2017. Mr.Arun stated that petitioner has not paid a single penny even after the notice. It is over 7 years since the notice. If petitioner was a bonafide person, in our view, petitioner would have paid subsequently substantial amounts towards repayment of the loan taken. As no amount has been paid, we see no reason to entertain the petition.

4. In fact, we offered to give a hearing provided petitioner deposited the entire amount payable within a time, because petitioner has enjoyed the

money for over 7 years. Counsel naturally said it was not possible. Petition is, therefore, dismissed. There shall be no order as to costs. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 03.01.2025 Index :

Yes/No NC :

Yes/No sra To:

1. The Debts Recovery Appellate Tribunal, Chennai.

2. The Debts Recovery Tribunal-II, Chennai.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra) 03.01.2025