Madras High CourtWP/33943/2023disposed of

P.Pon Ananthakumar v. The Authorised Officer

2023-12-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.33832 and 33833 of 2023 P.Pon Ananthakumar .. Petitioner in both the writ petitions -vs1. The Authorised Officer, Indian Overseas Bank, Ramalinganagar Branch, No.371/1, 1st Floor, Sri Kalarani Towers, N.S.R.Road, Saibaba Colony, Coimbatore - 641 011.

2. M/s Manimegalai .. Respondents in both the writ petitions Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records in the order dated 21.08.2023 passed by the Hon'ble Debts Recovery Appellate Tribunal, Chennai in A.I.R..(SA)Nos.420 and 421 of 2022 and quash the same. For the Petitioner :

Mr.N.Ramakrishnan for ARK Law Associates For the Respondents :

Mr.N.Somasundaar Standing Counsel for R-1 * * * * *

COMMON ORDER (Made by the Hon'ble Chief Justice) We have heard Mr.N.Ramakrishnan, learned counsel for the petitioner and Mr.N.Somasundaar, learned standing counsel for respondent No.1.

2. The writ petition is filed against the order of the Debt Recovery Appellate Tribunal dismissing the appeal filed by the petitioner on account of non-compliance of the order dated 23.06.2023. The petitioner was directed to deposit Rs.17,64,689/- (Rupees seventeen lakhs sixty four thousand six hundred eighty nine only). The learned counsel for the petitioner submits that the petitioner has been in a position to accumulate Rs.9,00,000/- and seeks further one week time to deposit the entire amount as directed by the Debt Recovery Appellate Tribunal.

3. The learned counsel for the first respondent bank opposes the said request.

4. Considering the submission made, we pass the following order:

a) The amount of Rs.17,64,689/- (Rupees seventeen lakhs sixty four thousand six hundred eighty nine only) as directed by the Debt Recovery Appellate Tribunal under order dated 23.06.2023 and extended by subsequent orders shall be deposited by the petitioner before the Appellate Tribunal within one week from today. b) Failure to deposit the amount would entail dismissal of the appeal before the Appellate Tribunal.

c) If the amount as directed is deposited within one week from today, then the appeal may be considered by the Appellate Tribunal on merits expeditiously.

The writ petitions, accordingly, stand disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No : Yes/No sra

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

(sra) To

1. The Authorised Officer, Indian Overseas Bank, Ramalinganagar Branch, No.371/1, 1st Floor, Sri Kalarani Towers, N.S.R.Road, Saibaba Colony, Coimbatore - 641 011.

2. The Registrar Debt Recovery Appellate Tribunal, Chennai.

12.12.2023