Dinesh Kumar Jain v. N.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and CMP No.24233 of 2024 1.Dinesh Kumar Jain 2.S.Gnanavadivu .. Petitioners Vs 1.N.Ramesh 2.The Authorised Officer, Indian Bank, T.K.M. Complex, Katpadi Road, Vellore-632 004.

3.M/s.K.Abdul Azeez Son & Co.

Represented by its Managing Director Iqbal Ahmed, No.4, Big Alipuran Street, Vellore-632 004 .. Respondents Prayer : Petition under Article 227 of the Constitution of India to set aside the order dated 28.06.2024 in NDN.1666/2023 (now numbered as T.S.A.2 of 2024) on the file DRT-II, Chennai, as not maintainable in law and facts and thus render justice.

For Petitioners :

Mr.E.Omprakash Senior Advocate for Ramalingam and Associates For Respondents :

Mr.CKM.Appaji for R1 Mr.Kailash Pandiane for M/s. Aiyar & Dolia for R2 Not ready in notice reg R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, without going into the merits of the matter, we pass the following order: a) The impugned order dated 28.06.2024 is quashed and set aside;

b) The Debts Recovery Tribunal (in short 'the DRT') shall hear the condone delay application first, after considering the counter filed by petitioner, as well as the bank, which is respondent No.1 before the DRT; and

c) The DRT shall dispose the condonation of delay application after hearing the parties and pass a reasoned order.

2. Petition is disposed of. There shall be no order as to costs. Consequently, interim application stands closed.

3. We clarify that we have not made any observations on the merits of the matter.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 05.03.2025 Index :

Yes/No NC :

Yes/No mrn To:

The Authorised Officer, Indian Bank, T.K.M. Complex, Katpadi Road, Vellore-632 004.

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ , J.

(mrn) 05.03.2025