C. K. Ganesan v. Authorized Officer, City Union Bank, Administrative Office, Kumbakoname
2016-01-20
N.KIRUBAKARAN, V.RAMASUBRAMANIAN
body2016
DigiLaw.ai
ORDER : 1. The petitioner has come up with the above writ petition challenging the refusal of the Debt Recovery Tribunal to grant extension of time to comply with the conditional order. 2. Heard Ms.S.Vijayashanthi, learned Counsel appearing for the petitioner and Mr.Pandivel, learned Counsel appearing for the respondents/Bank. 3. As against the possession notice dated 15.09.2015, issued under Section 13(4) the petitioner filed a statutory appeal under Section 17 before the Debt Recovery Tribunal. On 28.09.2015, the Debt Recovery Tribunal, granted a conditional order of Stay in S.A. No. 370 of 2015, directing the petitioner to pay a sum of Rs.8,25,000/- on or before 28.10.2015 and another sum of Rs.8,25,000/- on or before on 30.11.2015. 4. The petitioner filed an application for extension and the same was ordered by the Debt Recovery Tribunal on 30.10.2015. By this order, the Tribunal permitted the petitioner to remit a sum of Rs. 4,25,000/- within two days and directed him to pay a sum of Rs. 4,00,000/- plus the second installment of Rs.8,25,000/- on or before 30.11.2015. 5. Thereafter, the petitioner made a payment of Rs.4,25,000/- within two days and another sum of Rs.5,00,000/-. Therefore, the total payment made was Rs.9,25,000/- and what remains to be paid is only Rs.7,25,000/-. 6. The petitioner made another application for extension of time before the Debt Recovery Tribunal but the same was dismissed on 18.12.2015. It is against the said order, the petitioner is before this Court. 7. The petitioner came to this Court with a Demand Draft of Rs. 7,25,000/-. Therefore, we have ordered notice to the respondents. The demand draft dated 11.01.2016 has been produced before us. There has been a delay of about 42 days in complying with the conditional order. Now, since the conditional order is complied with, we are of the view that the extension could be given. 8. In view of the above, the writ petition is allowed and the order of the Debt Recovery Tribunal is set aside on condition that the petitioner deposits the demand draft for Rs.7,25,000/- with the bank by tomorrow itself namely on 21.01.2016. Once the payment is made on 21.01.2016, the Debt Recovery Tribunal, shall take an appeal and dispose of the same within a period of three months. If the demand draft is tendered on 21.01.2016 the bank shall accept it. No costs. Consequently, connected WMP(MD)No.716 of 2016 is closed.