Debts Recovery Tribunals and Appellate Tribunals
BANK OF MAHARASHTRA vs Annai Foods 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.170 of 2026 in OA Dy.No.1045/2024
M/s Bank of Maharashtra,
Represented by its Chief Manager,
Mr. Tulsiram Sahoo,
No.16, East Mada street, Mylapore,
Chennai- 600 004
...Applicant
-Vs-
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1. M/s Annai Foods,
Represented by its partners,
No.4, Thirunilai Roas, Komittipetai,
Aarani, Thiruvallur,
Ponneri, Chennai- 601 101
2. Mr.J. Jeevakesh Sundar,
S/o Mr. Jawahar,
Partner of 1st defendant,
No. , Thirunilai Roas, Komittipetai,
Aarani, Thiruvallur,
Ponneri, Chennai- 601 101
3. Mrs. Thirumalai Subramani
W/o Late Subramani,
Partner of 1st defendant,
No.3, 396, Old colony,
Velliyur, Thiruvallur, Chennai- 602 207
…Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. AGD Balakumar ORDER IN MA No. 170/2026
1. MA No.170 of 2026 is taken up. This is an application filed by applicant bank for condonation of delay of 177 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.45,80,226/- together with interest and costs. It is submitted that the OA was returned by the Registry on 06.08.2025 for compliance of objection. When the counsel’s office was shifted from Egmore to Armenian street, the bundle was misplaced with office bundles and could be traced out only at a later point of time. Hence 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 177 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.170/26 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)