Sakthi Murugan Polymers v. Registrar, Debts Recovery Tribunal, Coimbatore
2016-02-05
M.VENUGOPAL, S.VIMALA
body2016
DigiLaw.ai
ORDER : M. Venugopal, J. The Civil Revision Petition is filed against the order dated 12.10.2015 made in Application S.R.No.4037 of 2015 passed by the Registrar, Debts Recovery Tribunal, Coimbatore. 2. Heard the learned counsel for the Petitioner. 3. According to the Learned Counsel for the Petitioner, the impugned order of the First Respondent/Registrar, Debts Recovery Tribunal, Coimbatore, dated 12.10.2015 in Application S.R. No. 4037 of 2015 in declining to number the SARFAESI petition/application, is an arbitrary, capricious one and without application of mind, because of the simple reason that the Honourable Supreme Court of India in the decision reported in 2015 (4) CTC 809 (SC) (Baleshwar Dayal Jaiswal Vs. Bank of India) has held that the 'Debts Recovery Appellate Tribunal has power to condone the delay in filing an appeal'. 4. It is represented on behalf of the petitioner that the Registrar of the First Respondent/Tribunal can decline to number the Application/Petition under Rule 5 of the Debts Recovery Tribunal (Procedure) Rules, 1993. But in the instant case, there is no defect in the Application. 5. In view of the aforesaid decision of the Honourable Supreme Court, the impugned order of the First Respondent, dated 12.10.2015 in Application S.R. No.4037 of 2015 in returning the Petition/Application is not legal and as such, this Court interferes with the said order dated 12.10.2015 and sets aside the same. 6. In the result, the Civil Revision Petition is allowed. The impugned order, dated 12.10.2015 in Application S.R.No.4037 of 2015 passed by the Registrar of the First Respondent-Tribunal, is hereby set aside for the reasons assigned by this Court in this Civil Revision Petition. The Petitioner is directed to present Application in S.R.No.4037 of 2015 together with enclosures, within a period of two weeks from the date of receipt of a copy of this order. On such presentation of the relevant papers and Application in S.R.No.4037 of 2015, the Registrar of the First Respondent/Tribunal is directed to place the same before the Presiding Officer for taking up the said Application on file by numbering the same and to proceed further in accordance with Law. C.M.P.No.1616 of 2016 is closed. No costs.