Sri Laxmi Flour Mills Company v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.50164, 50165 and 50166 of 2025 1.Sri Laxmi Flour Mills Company Rep. by its Partners, Door 290/387, Sathy Road, Erode- 638 003.

2.V.Kumarasamy S/o.Vishwanatha Gounder, Partner, M/s.Sri Laxmi Flour Mills Company, D.No.16, Vivekanandar Salai, Narayanavalasu, Erode- 638 011.

3.K.Anand Kumar S/o.Kumarasamy, Partner, M/s.Sri Laxmi Flour Mills Company, D.No.16, Vivekanandar Sali Narayanavalasu, Erode- 638 011.

4.K.Sathish Kumar S/o.Kumarasamy, Partner, M/s.Sri Laxmi Flour Mills Company, D.No.16, Vivekanandar Sali Narayanavalasu, Erode- 638 011.

Petitioners Vs

The Authorized Officer The South Indian Bank, Trichy Road, Sungam, Coimbatore- 641 018.

Respondent PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in impugned order in I.A.No.756/2024 in AIR No.1694/2024 dated 16.07.2025 on the file of Honourable Debt Recovery Appellate Tribunal at Chennai and quash the same and grant time to the petitioners to deposit the second instalment of pre-conditional deposit amount of Rs.61,30,297/- in I.A.No.756/2024 in AIR No.1694/ 2024. For Petitioners:

Mr.R.Rajarajan For Respondent(s):Mr.M.L.Ganesh and Mr.S.Arun Kumar

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard.

2. Challenge to an order passed by the Debt Recovery Appellate Tribunal, which was passed after taking into consideration the violation of the condition of pre-deposit, is not liable to be interfered with by this Court. We also find that, in fact, before the Debt Recovery

Appellate Tribunal, the petitioners' counsel did not even appear.

3. Now it is stated that the petitioners are willing to comply with the condition.

4. It is open to the petitioners to approach the Debt Recovery Appellate Tribunal with such a prayer.

5. The writ petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.Nos.50165 and 50166 of 2025 are closed. W.M.P.No.50164 of 2025 filed to permit the petitioners to file a single writ petition stands allowed, subject to payment of separate court fee within a period of two weeks.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 27.11.2025 Index :

Yes/No :

Yes/No bbr To:

The Authorized Officer The South Indian Bank, Trichy Road, Sungam, Coimbatore- 641 018.

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

bbr 27.11.2025