Debts Recovery Tribunals and Appellate Tribunals
KARUPPAIAH vs STATE BANK OF INDIA on 19 November 2024
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Common order on unnumbered MAs MAs be numbered. MA No. /2024 in Dy. No.2092 of 2024 This application is filed by legal heirs of defendant No.6, Late K.R. Palaniappan (in the TA No. 241 of 2023 disposed on 29.12.2023). MA No. /2024 in Dy. No.2091 of 2024
(a) This application is filed on behalf of the LRs of 6th defendant (in TA No.241/2023 – Disposed on 29.12.2023).
(b) In the instant petition, the above defendants have filed the affidavit of one Ravindra who claims to be the son of the deceased 6th defendant. MA No. /2024 in Dy. No.2090 of 2024
This application is filed on behalf of the defendants 1 to 5, 7 & 8 (in TA No.241/2023 – Disposed on 29.12.2023). ORDERS ON MA No. ___ OF 2024 IN Dy No.2092/2024
Heard the Ld. Counsel. The death of defendant No.6 in the disposed TA is not disputed. The legal representatives of defendant No.6 pleads for substitution of their name in the MA bearing Dy. No.2091/2024, so that they could prosecute the MA which prays for setting aside the ex-parte final orders.
Considering the ends of justice the present MA stands allowed. The proper memo of parties be filed in MA bearing Dy No.2091. COMMON ORDER IN MA BEARING No.2091 & 2090
(a) The defendants 1 to 5, 7 & 8 and the LRs of defendant No.6 have sought for setting aside the final order dated 29.12.2023, wherein the defendants were treated ex-parte. In fact,, all were served including the deceased defendant on 12.1.2021.
(b) The Ld. Counsel for the Applicants submits that even prior to filing of the OA, the defendants were agitating before the Hon'ble Madurai Bench of the Madras High Court in W.P. 2365/2019, 15370/2022 though they engaged a Counsel to contest the matter before this Tribunal. However, the Written Statement was not filed and the defendants have lost interest.
(c) Now, the petitioners in both the MAs have taken up a stand that the Hon'ble High Court had disposed the writ petition to urge all the grounds before this Tribunal. Therefore, they approach for setting aside the ex-parte final order.
(d) It is also pleaded that the final order is dated 29.12.2023, the communication thereof was received by them only 15.05.2024. The petitioners have relied on the photocopy of the postal envelope sent by this Tribunal bearing date as 10.05.2024.
In view of the above, MAs may be numbered ignoring the point of limitation raised by the Registry.
Heard on the merits for setting aside the ex-parte order.
Considering the ends of justice, the final order dated 29.12.2023 is hereby set aside subject to
(i) The petitioners – defendants depositing 50% of the award amount and the interest thereon within 30 days from today.
(ii) The Written Statement be filed along with the receipt of such deposit within 30 days from today.
(iii) If no deposits are made, it is made clear that the Recovery Certificate shall be proceeded. Put up this matter for compliance, WS by 19.12.2024. Applicant Bank is directed to file the amended memo of parties incorporating the names of LRs of defendant No.6 under alphabetical beneath the name of D6 showing him as dead and represented by LRs.
Sd/- PO, DRT-I, Chennai (In charge for DRT-II)