Sri. Chinnakalai Kannan v. Csb Bank Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA C.R.P(PD)(MD)No.871 of 2025 C.M.P(MD)No.4649 of 2025 1.Chinnakalai Kannan 2.Vanitha ... Petitioners/Petitioners .Vs.

M/s.CSB Bank Limited, represented by Authorized Officer, Asset Recovery Branch, Second Floor, Siva Complex, 54-Old Post Office Road, Coimbatore - 641 018.

... Respondent/Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying this Court to set aside the order made in I.A.NO.577 of 2025 in S.A.No.93 of 2025, dated 17.2.2025, on the file of Debts Recovery Tribunal, Madurai. 1/5

For Petitioners : Mr.A.Jeyaram

O R D E R

DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J Civil Revision Petition filed seeking to set aside the order made in I.A.NO.577 of 2025 in S.A.No.93 of 2025, dated 17.2.2025, on the file of Debts Recovery Tribunal, Madurai.

2.Heard the learned counsel for the Petitioners and Perused the materials placed before this Court.

3.The revision petitioners are the borrowers from the responent-Bank and defaulted in payment. The account of the revision petitioners was declared as Non-Performing Asset in the year 2018. The Possession Notice was ordered on 13.01.2025, which was challenged by these petitioners before the Debt Recovery Tribunal, Madurai. Considering the plea, the Debt 2/5

Recovery Tribunal, Madurai vide order, dated 17.02.2025, granted an order of stay of the Possession Notice till 18.06.2025, on certain conditions. The said order of stay is challenged by the borrowers by way of revision petition filed under Article 227 of the Constitution of India.

4.On a perusal of the records, this Court finds that this Civil Revision Petition is not maintainable, for two reasons. The order impugned herein is an interim order granting stay on certain conditions to protect the Petitioners from being dispossessed. If the condition is onerous, the Petitioners have further appelate remedy before the Tribunal. The supervisory power of the High Court over the Tribunal has to be exercised sparingly, only if alternative remedy is not available. In this Case, this Court does not find such jurisdiction to entertain the Civil Revision Petition. 5.In view of the above, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous 3/5

Petition is closed.

[G.J.,J.] [R.P.,J.] 20.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Presiding Officer, Debts Recovery Tribunal, Madurai.

Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN, J.

R.POORNIMA ,J.

vsn 4/5

ORDER MADE IN C.R.P(PD)(MD)No.871 of 2025 C.M.P(MD)No.4649 of 2025 20.03.2025 5/5