SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA vs GHARDON DISTILLED WATER AND ACID SUPPLIERS on 24 February 2026

1. Small Industries Development Bank of India Represented by its Deputy General Manager Having its Branch Office at Overseas Towers 756 L, Overseas Towers, Anna Salai Chennai – 600 002

…1st Respondent / Original Applicant

2. M/s Ghardon Distilled Water and Acid Suppliers Represented by its Partner Mr. A.V.K. Elenchilan No.147, Medavakkam High Road Kovilambakkam, Chennai – 600 117

Also at

M/s Ghardon Distilled Water and Acid Suppliers No.156, Srinivasa Street, Nanmangalam Kovilambakkam, Chennai – 600 117

3. Mrs. Chitra Elenchelian

W/o Mr. A.V.K. Elenchelian

No.6, Kamalam Salai 2nd Cross Street

Veeramani Nagar, Nanmangalam

Chennai – 600 117

4. Mr. Anbuchezian

Plot No.2&3, Old No.89-A, New No.5/89-A

Varritikuppam Salai

Villupuram, Tamil Nadu

5. Mrs. Uma

Chairman Govindarajan Street

West Shanmugapuram Colony

Villupuram, Tamil Nadu …Respondents 2 to 5 / Defendants 1 to 4 ORDER ON MAINTAINABILITY

1. This application is filed praying to substitute the Proposed Applicant India SME Asset Reconstruction Company Limited in the place of the original applicant Small Industries Development Bank of India in OA No.300 of 2014.

2. The Original Application No.300 of 2014 was filed by the original applicant for recovery of a sum of Rs. 1,16,14,763.83p together with interest @11.5% per annum on Rs.5,20,272.29p; @16% per annum on Rs.2,64,578.60p and @14% per annum on Rs.1,08,04,405.94p with monthly rests and liquidated damages @2% per annum with monthly rests from the date of OA till the date of its realization in full.

3. This Tribunal vide its final order dated 3.7.2015 passed an ex-parte final order allowed the OA and ordered that the applicant bank is entitled for recovery of a sum of Rs.1,16,14,763.83p together with interest @12% p.a. (simple) from the date of OA till the date of realization together with costs from the defendants.

4. While so, the original applicant has assigned the debt along with the underlying security in favour of the proposed applicant vide assignment agreement dated 18.1.2018 registered as Doc No. BDR1-766 of 2018 at Office of Joint Sub Registrar, Andheri-1, Mumbai-400 093. Thereafter, a supplementary agreement also came to be executed on 29.12.2020 registered as Doc. No.3262 of 2021 at the Office of Sub Registrar, Walajabad, Kancheepuram District.

5. In view of the assignment of the debt in favour of the proposed applicant by the original applicant and on the basis of the Assignment Agreement dated 18.01.2018 and the supplementary agreement dated 29.12.2020 this application has been filed.

6. After scrutiny of the application, the Registry of this Tribunal sought for clarification regarding the territorial jurisdiction stating that “765L, Overseas Towers, Anna Salai, Chennai-600 002 is not coming under the territorial jurisdiction of DRT-II Chennai as per the Gazette Notification dated 04.10.2022. Hence this MA is returned for above clarification.”

7. In reply thereto, the proposed applicant represented the MA stating as under:- “This MA is maintainable before this Hon’ble Tribunal, the original applicant Small Industries Development Bank of India, having office at No.756-L, Anna

Salai, Chennai – 600 002 is comes under Nungambakkam Village, Egmore Taluk, Chennai District. To prove the , the publilc information officer, Egmore Taluk, Chennai – 600031 confirming through RTI Letter dated 11.11.2025 the Door No. 756-L Anna Salai, Chennai – 600002 coming under Numgambakkam Village, Egmore Taluk, Chennai District. Further the RTI Letter dated 11.11.2025 copy enclosed herewith for this Hon’ble Court’s kind perusal.”

8. Heard the Ld. Counsel for the Proposed Applicant and perused the records.

9. The RTI reply is a government-issued confirmation regarding the administrative boundaries of the original applicant’s office and establishes the Tribunal’s territorial jurisdiction. Territorial jurisdiction for filing an OA or MA under the Recovery of Debts and Bankruptcy Act, 1993 is determined by the location of the applicant’s office or the place where the cause of action arises. The RTI letter confirms that the original applicant’s office, whose rights have been assigned to the Proposed Applicant, falls within Nungambakkam Village, Egmore Taluk, Chennai District, which is within the jurisdiction of DRT-II Chennai. Being issued by the competent authority, the RTI letter has high probative value and removes any ambiguity regarding territorial limits.

10. Having heard the learned Counsel for the Proposed Applicant and perused the records, this Tribunal is satisfied that the original OA was maintainable, the

Proposed Applicant has validly acquired the debt and security through the Assignment and Supplementary Agreements, and the Tribunal has territorial jurisdiction as confirmed by the RTI reply. In view of the above, the objection regarding maintainability on the ground of territorial jurisdiction is overruled and the MA is held to be maintainable.

11. The Registry is directed to number the MA, if otherwise in order, and list it for necessary orders in due course. Sd/- (SHARANG DHAR UPADHYAY) PRESIDING OFFICER DRT-II CHENNAI

(Dictated to PS, who typed in the system directly, corrected, signed and pronounced by me in Open Court, on this 24th day of February, 2026)