Debts Recovery Tribunals and Appellate Tribunals
KAVITHA vs KARUR VYSYA BANK on 30 April 2025
IN THE DEBTS RECOVERY TRIBUNAL – II AT CHENNAI
Dated this 30th day of April, 2025
PRESENT: SHRI A.S.JAYACHANDRA
Presiding Officer (In-charge)
MA No.195 of 2024
in
OA No.55 of 2022
1.
Mrs. Kavitha. S
W/o Mr. Sekar
D. No.39/1, Dharmaraja Koil Street
Arni – 632 301
2.
Mr. D. Sekar Anand
Son of Mr. Dhanasekar
No.8/21, Bakthavatchalam Street
Teynampet, Chennai – 600 018 …Applicants / Defendants 1 & 2
Versus
1.
Karur Vysya Bank
New No.114, Thatchur Road
Kosapalayam, Arni – 632 301
Rep. by its Branch Manager
Mr. D. Prasannakumar
…1st Respondent / Applicant
2.
National Collateral Management Services Ltd., Unit No.505 to 509, 5th Floor Lodha Supremus, Off JVLR
Opp. Kanjumarg Station
Kanjumarg (East), Mumbai – 400 042
…2nd Respondent / 3rd defendant
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ORDER
1. This application is filed by the Applicants / Defendant Nos.1 and 2 seeking to set aside the ex-parte order dated 6.3.2024 passed against the defendants 1 & 2 in the above OA decreeing for an amount of Rs.66,09,085.06p.
2. The only ground urged is that: “I submit that the above OA No.55 of 2022 came up before this Hon’ble Tribunal for enquiry on 6.3.2024. My counsel informed me about the hearing date and asked me to come over here for filing proof affidavit. My husband is working in private concern and he could not get leave from the employer to accompany me to come over to Chennai. Due to the above reason, I could not get along the enquiry on 6.3.2024 and therefore resultant exparte order came to be passed on 6.3.2024.”
3. Considering the ends of justice and after hearing the Ld. Counsel for either side, the ex-parte judgment and decree dated 6.3.2024 against defendants 1 and 2 stands recalled subject to the condition that:
(a) The applicants shall deposit 50% of the decretal amount within a period of 30 days from today.
(b) In the event of default to comply with the above condition, the MA shall stand automatically dismissed and the final order dated 6.3.2024 in the OA shall result in Recovery Certificate.
4. Post this matter on 10.06.2025 for reporting compliance and for further proceedings.
5. A copy of this order be communicated to the parties concerned. Sd/- (A.S. JAYACHANDRA) PRESIDING OFFICER (In-charge)
(Dictated to PS, who typed in the system directly, corrected, signed and pronounced by me in Open Court, on this 30th day of April, 2025)