A.Duraisamy v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN A.Duraisamy .. Petitioner -vs1. The Authorized Officer, Central Bank of India, Nos.14 & 15, V.H.Road, Coimbatore 641 001.

2. K.Velusamy

3. Visalakshmi

4. Sanjeev .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 23.04.2025 made in I.A.No.472 of 2024 on the file of the Debt Recovery Appellate Tribunal, Chennai, quash the same as illegal, irregular and consequently direct the Debts

Recovery Appellate Tribunal, Chennai herein to accept the pre-deposit amount of Rs.82,12,500/- from the writ petitioner within a time period to be stipulated by this Court and further direct the Registry of the Debt Recovery Appellate Tribunal, Chennai, to number the Appeal and dispose of the same after adjudication on merits and in accordance with law.

For Petitioner :

Ms.U.Ramya * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The indulgence of this Court is sought on the submission that though there was some delay in making the pre-deposit of 30% of Rs.2,73,75,000/- for filing the appeal, now the petitioner is willing to deposit 30%, but the same is not accepted by the Debt Recovery Appellate Tribunal

2. Though the petitioner had some difficulty in arranging the huge amount of 30% of pre-deposit, considering the fact that

subsequently, the petitioner had made necessary arrangements and prepared a bank draft on 31.07.2025, which is not being accepted by the Appellate Tribunal, we are inclined to dispose of this writ petition allowing the petitioner to submit a specific application before the Debt Recovery Appellate Tribunal along with the demand draft of 30% as pre-deposit. If such application is filed within a period of ten days from today along with the demand draft, the Debt Recovery Appellate Tribunal shall give due weightage and consideration to the same keeping in view that the pre-deposit could be lowered upto 25% of the demand in exercise of discretion.

There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 16.09.2025 Index : Yes/No : Yes/No Note: Issue order copy by 17.09.2025.

sra

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

(sra) To

1. The Debt Recovery Appellate Tribunal, Chennai.

2. The Authorized Officer, Central Bank of India, Nos.14 & 15, V.H.Road, Coimbatore 641 001.

16.09.2025