Iyappan v. The Tirunelveli District Central
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI 1.Iyappan 2.Rajalakshmi
...Petitioners
Vs.
1.The Tirunelveli District Central Co-operative Bank Ltd., Kadayam Branch, Represented through its Manager, Branch Office at Kadayam, No.5/236, Perumal Kovil Street, Near Kadayam Bus Stand, Kadayam, 2.Central Bank of India, Alwarkurichi Branch, Represented Through its Manager, Branch Office at Alwarkurichi, Xpuram Shri Paramakalyani College, 1/7
Sivasailam Road, Alwarkurichi, 3.Bajaj Finance Ltd., Ambasamuthram Branch, Represented through its Manager, Branch Office at Ambasamuthram, 65A, Thilagapuram, Ambasamuthram, 4.Sriram Finance Ltd., Ambasamuthram Branch, Represented through its Manager, Branch Office at Ambasamuthram, 1st Floor, Gayathri Towers, 78-C, Vadakku Radha Veedhi, New Colony, Ambasamuthram, 5.HBD Financial Services, Ambasamuthram Branch, Represented through its Manager, Branch Office at Ambasamuthram, D.No.22, First Floor, S.F.No.229/1A1, Papanasam Main Road, Opposite Agastiyar Kovil, 2/7
Ambasamuthram, 6.IDFC First Bank, Represented through its Manager, Branch office at Ambasamuthram, 2B, Near Rani Higher Secondary School, Thilagarpuram Main Road, Ambasamuthram Taluk, 7.ESAF Small Finance Bank Ltd., Ambasamuthram Branch, Represented through its Manager, Branch Office at Ambasamuthram, Agathiyar Tower, 1st Floor, Thilagarpuram Main Road, Ambasamuthram Taluk,
...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order of return in I.P. Filing No.699 of 2024 on the file of the Principal District Court, Tenkasi dated 20.09.2024 and consequently direct the Principal District Court, Tenkasi to number the I.P. Filing No.699 of 2024 on the file of the Principal District Court, Tenkasi. 3/7
For Petitioners : Mrs.A.Banumathy For Respondent No.2 : Mr.C.Karthick
O R D E R
This petition has been filed seeking to set aside the order of return in I.P. Filing No.699 of 2024, on the file of the Principal District Court, Tenkasi dated 20.09.2024 and consequently to direct the Principal District Court, Tenkasi, to number the I.P. Filing No.699 of 2024, on the file of the Principal District Court, Tenkasi.
2.Learned Counsel for the petitioners would submit that the petitioners borrowed a loan from the respondents and they were unable to pay the loan amount to the respondents, thereby they presented an insolvency petition under Section 7 and 13 of the Provincial Insolvency Act and the same was returned. Challenging the same, the present Civil Revision Petition has been filed. 3.Learned Counsel for the petitioner would further submit that the return order is vague and without any details. Hence, the petitioners are unable to represent the papers. 4/7
4.This Court perused the return order passed by the trial Court and in the return order, it has been clearly stated that the insolvency petition filed under the aforesaid sections is maintainable as against the Government Banks and Cooperative Society funded by the State Government. Instead of re-presenting the same properly by rectifying the errors, filing a Civil Revision Petition is not maintainable.
5.Accordingly, this Civil Revision Petition is dismissed, with liberty to the petitioners to verify the defects and re-present the insolvency petition in I.P. Filing No.699 of 2024, on the file of the Principal District Court, Tenkasi. There shall be no order as to costs.
6.Registry is directed to return the original I.P. papers, enabling the petitioners to re-present the same before the trial Court. 20.08.2025 Internet:Yes/No Index:Yes/No MR 5/7
To 1.The Principal District Court, Tenkasi.
2.The Manager, Tirunelveli District Central Co-operative Bank Ltd., Kadayam Branch, Branch Office at Kadayam, No.5/236, Perumal Kovil Street, Near Kadayam Bus Stand, Kadayam, 3.Central Bank of India, Alwarkurichi Branch, Represented Through its Manager, Branch Office at Alwarkurichi, Xpuram Shri Paramakalyani College, Sivasailam Road, Alwarkurichi, 4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI , J.
MR 20.08.2025 7/7