Madras High CourtCRP/4759/2023disposed of

K. Venkadessan v. The Authorised Officer

2024-01-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. K.Vengadessan

2. J.Jeyahar

3. R.Muruga

4. M.Leo Christopher

5. P.Sivapragassame

6. E.Nirmala

7. T.Uma

8. G.Muthamizh

9. A.Shaik Mohamed Noor

10. N.Pushpalatha

11. M.Rinu Sindhuja

12. M.Sakunthaladevi

13. N.Mahendravarman

14. B.Ambika

15. A.Senthinathan

16. M.Nagarajan

17. S.Murugesan .. Petitioners

Versus

The Authorised Officer, State Bank of India, Stressed Assets Management Branch, Red Cross Building, Egmore, 1/4

Chennai - 600 008.

.. Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order, dated 11.07.2023 and 18.09.2023 in AIR (SA) No.338 of 2023 on the file of Debt Recovery Appellate Tribunal, Chennai.

For Petitioners : Mr.Arokia Satheesh For Respondent : Mr.M.L.Ganesh

ORDER

(Order made by the Hon'ble Chief Justice) The petitioners had filed an appeal against the order of the Debts Recovery Tribunal - II, Chennai. The Registrar, Debt Recovery Appellate Tribunal, Chennai, on the objections of deficit Court fee and limitation, declined the appeal.

2. We have heard Mr.Arokia Satheesh, learned Counsel for the petitioners and Mr.M.L.Ganesh, learned Counsel for the respondent Bank.

3. No doubt, the Registrar has powers to raise objections with regard to Court fee and limitation, however, could not have dismissed it on the ground of limitation. The same was required to be placed before the Presiding Officer, Debt Recovery Appellate Tribunal, Chennai, who would 2/4

have passed the order. The objections raised by the Registrar ought to be placed before the Presiding Officer, Debt Recovery Appellate Tribunal, Chennai.

4. In the light of that, we set aside the impugned order. The Registrar, Debt Recovery Appellate Tribunal, Chennai shall place the matter before the Presiding Officer, Debt Recovery Appellate Tribunal, Chennai to take decision with regard to the objections raised by the Registrar.

5. This Civil Revision Petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 23.01.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To The Debt Recovery Appellate Tribunal, Chennai.

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 23.01.2024 4/4