Ms V K Enterprises vs CANARA BANK on 12 October 2026

1. M/s V.K. Enterprises

Represented by its Proprietor

Mr. V. Karthigeyan

10A, 1, School Street, Amman Nagar

Vandranthangal, Vellore – 632 509

2. Mr. V. Karthigeyan

S/o M. Vinayagam

10A, 1, School Street, Amman Nagar

Vandranthangal, Vellore – 632 509 …Petitioners / Applicants

Versus

The Authorised Officer Canara Bank, Vellore Main-II 10, Mundy Street, P.B. No.401 Vellore -4

…Respondent / Respondent

ORDERS ON MAINTAINABILITY

1. This applications have been by the Petitioners / Applicants seeking to condone the delay of 121 days in filing restoration applicant and to restore the above SA in NDN(SA) No.362 of 2025 respectively.

2. The Registry has placed these applications before the Bench for hearing on the question of maintainability.

3. The objection of the Registry is that “Counsel for applicant has filed Restoration Petition along with condoning delay petition. Verified.

Applicant to clarify, how this prayer is maintainable as proceeding dated 24.03.2025 is self speaking order. Hence this petition i.e., Restoration and Condone delay may be returned for above clarification and compliance”.

4. In reply, the Ld. Counsel for the applicant has submitted as follows: - “The above petition is maintainable. In the above SA this Hon‟ble Tribunal passed an order dated 24.03.2025 based on the representation made by the Counsel for Respondent Bank that the auction taken place and auction purchaser remitted 25% of the amount and seeks time for extension of balance 75% amount. The Hon‟ble DRT directed petitioner to approach the Respondent with 3 days and clear the entire outstanding dues within 20 day, The Petitioner submit that the applicant approached the respondent for settlement as order of this Hon‟ble Tribunal. The Respondent informed that the property was sold and sale certificate also issued. The Respondent filed a memo before this Hon‟ble Tribunal admitting the same on 27.03.2025.

The petitioner states that even though on 24.3.2025 the Hon‟ble Tribunal passed on conditional order and post matter on 24.4.2025 for compliance. Hence, if registry is not satisfied place this subject matter before Hon‟ble PO for maintainability.”

“This IA represented within 30 days. 18 days delay may be condoned for delay in representation”.

5. The Registry has placed this before this Bench stating as follows:

“Counsel for applicant has filed petition to restore the SA along with condone delay petition.

Clarification of Flag „A‟ given by the Ld. Counsel w.r.t. objection raised by the Registry on 24.10.2025 also prayed to placed these petition before the Hon‟ble Tribunal for maintainability.

If approved, we may place this condone delay petition in MA Dy No.1617/2025 and restoration petition in MA Dy No.116/2025 before Hon‟ble Tribunal for maintainability.”

6. Heard the Ld. Counsel for the Applicant.

7. Before going into the question of maintainability of the applications, it would be pertinent to extract the proceedings of this Tribunal dated 24.03.2025 and 22.04.2025, which reads as follows: - NDN(SA)/362/2025

24.03.2025

“Applicant by Shri T.P. Prabakaran, Adv – AOS filed.

No caveat. Respondent by Shri Sriram, Adv – undertakes to file vakalatnama.

The Ld. Counsel for the bank submits that the bidder had deposited 25% of the amount and he is seeking extension of time and the auction took place on 26.02.2025.

At this stage, the Ld. Counsel for the applicant submits that he would clear the entire outstanding dues. The same request be made to the defendant bank which shall take the decisions and wisdom. The applicant shall approach the bank within 3 days and clear the entire outstanding dues within 20 days from today, failing which the SA stands dismissed automatically. If the entire amounts are cleared by the applicants, the bank may return the bid amount.

Call on 22.04.2025”

“NDN(SA)/362/2025

22.04.2025

Applicant by none.

Respondent by proxy Shri Sriram, Adv – submits that the sale is complete and the physical possession is also taken on 18.03.2025.

However, since none appears for the applicant, SA stands dismissed for non-prosecution.”

8. Heard the learned counsel for the Applicant and perused the records.

9. The proceedings dated 24.03.2025 reveal that this Tribunal had directed the Applicant to clear the entire outstanding dues within twenty

days, failing which the SA would stand dismissed automatically. The matter was thereafter posted to 22.04.2025. On the said date, none appeared on behalf of the Applicant, and the SA was dismissed for non- prosecution, taking note of the submission made on behalf of the Respondent Bank that the sale had been completed and physical possession had been taken on 18.03.2025.

10. The present applications have been filed seeking condonation of delay and restoration of the SA. The restoration application does not specifically seek recall of the order dated 24.03.2025; rather, it contains a general prayer for restoration of the SA. Therefore, the Registry's objection that the application is not maintainable merely because the proceedings dated 24.03.2025 contain a condition for automatic dismissal cannot be accepted.

11. The question whether the Applicant is entitled to restoration, in view of the conditional direction contained in the proceedings dated 24.03.2025 and the subsequent dismissal for non-prosecution dated 22.04.2025, is distinct from the question of maintainability. The same has to be examined while considering the application on its merits, along with the grounds pleaded by the Applicant and the objections, if any, raised by the Respondent Bank.

12. In view of the foregoing discussion, this Tribunal holds that the application seeking restoration of the SA is maintainable for

consideration. Accordingly, the preliminary objection raised by the Registry is overruled. This finding shall not be construed as an expression of opinion on the Applicant's entitlement to restoration of the SA.

13. The Registry is directed to number the application seeking condonation of delay and place it before the Bench for consideration on merits.

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 12th day of October, 2026)