Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs NOUSHAD on 24 July 2026
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 24th day of July 2026
Present: SMT. S.V. GOWRAMMA
Presiding Officer
M.A. No.168 of 2026 in OA Dy.No.169/2026
State bank of India,
Stressed Assets Recovery Branch-II (SARB-II)
No.44, Eldams road,
Teynampet,
Chennai- 600018
Represented by its Manager
...Applicant
-Vs-
Mr. Noushad,
S/o Mr. Ahmed Kutty,
Duplex flat No.B (Flat No.7B)
Block-VIII, Kences Enclave,
D.No.1, Ramakrishna street,
T. Nagar, Chennai- 600017
Also at:
Mr. Noushad,
S/o Mr. Ahmed Kutty,
No.34172/3, DLF Garden city,
Thazambur Panchayat,
Thazhambur
Chennai- 600130
Also at:
Mr. Noushad,
S/o Mr. Ahmed Kutty,
Apple Supermaket,
Plot No.18B,
Thanthai Periyar salai,
Kumaran nagar,
Chemmencherry, Chennai- 119
Also at:
Mr. Noushad,
S/o Mr. Ahmed Kutty,
Palapura House, Farroq nagar,
Panakkathahem Kodinhi PO
Nannambra, Mallapuram Dist,
Kerala- 676309
…Defendant
Counsels on record / appeared:
Counsel for Applicant
: M/s. N.Kumar
ORDER IN MA No.168/2026
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1. MA No.168 of 2026 is taken up. This is an application filed by applicant bank for condonation of delay of 161 days in re-presenting the OA.
2. Perused the Affidavit filed on behalf of the Applicant bank.
3. It is submitted by applicant bank that the present OA was filed for recovery of sum of Rs.2,64,90,282/- together with interest and costs. The OA was returned by the Registry on 18.03.2026 for compliance of objections. It is submitted that at the Counsel for applicant bank had gone abroad for personal reasons, the OA could not be re-presented within the time granted by this Tribunal, which is neither wilful nor wanton, but only due to aforesaid reasons. Therefore, the applicant bank prayed for condonation of delay of 161 days in representing the OA. Perused the Affidavit filed on behalf of the Applicant bank and the records of the case.
4. As OA is filed for recovery of money due from borrower and in view of the fact that the bank being a financial institution is the custodian of the public money held under trust, the Tribunal relying on the judgment of Hon’ble High Court of Madras (At Madurai) in the judgment of V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-
2020-8-441 feels it apt to condone the delay and give opportunity to applicant to prosecute their case.
5. Accordingly, MA No.168/26 stands allowed and delay is condoned, subject to payment of cost of Rs.2,000/- to the Tamil Nadu State Legal Services Authority on or before 14.08.2026 by the applicant and to file the compliance report before the Registry.
6. In case of the applicant complying with the order and filing compliance memo, Registry is directed to number the OA, if otherwise found to be in order. It is clarified that in case if the applicant bank fails to comply with the conditional order above, MA stand dismissed automatically without there being any need to pass separate order.
Sd/-
(S.V. GOWRAMMA)
PRESIDING OFFICER,
DRT-III, CHENNAI ((Dictated to Roshnee, typed by her, corrected, signed and pronounced by me in Open Court, on this the 24th day of July, 2026)