CANARA BANK vs M s Parijatham Agencies on 14 August 2026

1. M/s Parijatham Agencies,

Rep by its Prop: V.Soundarajan,

S/o Mr.Vaithianathan,

#34, 1st cross street, Thirumal nagar,

Puducherry 605 001

2. Mr.V.Soundarajan,

S/o Mr.Vaithianathan,

#08, Rajeshwari street,

Thamizhthai Nagar,

Puducherry 605 001

…Defendants

Counsels on record / appeared:

Counsel for Applicant : M/s. K.Anbarasan

ORDER IN MA No.178/2026

1. MA No.178 of 2026 is taken up. This is an application filed by applicant bank for condonation of delay of 763 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.38,60,465.96p (Rupees Thirty Eight Lakhs Sixty thousand Four hundred and Sixty Five and Ninety Six paise only) together with interest and costs. It is submitted that the OA was returned by the Registry for few corrections. The erstwhile counsel had taken back the bundle from the Registry but failed to handover to the concerned branch, subsequently he fell sick and could not trace the bundle. 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 763 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.178/26 stands allowed and delay is condoned, subject to payment of cost of Rs.5,000/- to the Tamil Nadu State Legal Services Authority on or before 11.09.2026 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, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 14thday of August, 2026)