Debts Recovery Tribunals and Appellate Tribunals
R DURAISAMY vs INDIAN OVERSEAS BANK on 31 March 2023
**IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE**
DATED THIS 31<sup>st</sup> DAY OF MARCH, 2023
**PRESENT: SHRI. M.P. BALASUBRAMANIAN, M.A., B.L., PRESIDING OFFICER**
**APPEAL No.04 OF 2017**
Between
- 1. Mr.R.Duraisamy,
S/o.Ramasamy Gowder,
No.63/A/1A, Vethathri Nagar,
Kamaraj Salai,
Karamadai – 641 004.
- 2. Mrs.R.Rangammal,
W/o.Ramasamy Gowder,
No.5/127, Sundakkarai Pudur,
Velliangadu, Mettupalayam Taluk.
- 3. Mrs.M.Mohana,
W/o.R.Duraisamy,
No.5/127, Sunakkarai Pudur,
Velliangadu, Mettupalayam Taluk.
... Appellant(s)
And
- 1. Indian Overseas Bank,
Dhayanur Branch,
Seeliyur Post, Karamadai,
Coimbatore – 641 113.
- 2. Indian Overseas Bank,
Regional Office,
11/952, Crosscut Road,
Gandhipuram,
Coimbatore – 641 012.
... Respondent(s)
Appearance of Advocates:
<table border="0">
<tr>
<td>Counsel for Appellant(s)</td>
<td>-</td>
<td>Shri.C.Thomas</td>
</tr>
<tr>
<td>Counsel for Respondent Bank (R1 & R2)</td>
<td>-</td>
<td>Shri.R.Ananda Ram Kumar</td>
</tr>
</table>
2Appeal 04/2017
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ORDER
1. This is an Appeal preferred by the Appellant under section 30 (1) of the RDB Act 1993. However, the prayer made in the Appeal itself is not sustainable under the law. The relief sought by the Appellants in the Appeal is stated as follows:
1. 1. To cancel the 3<sup>rd</sup> respondent E-auction proceedings dated 15.11.2017 as *per* the E-auction sale proclamation notice dated 03.10.2017 as null and void.
2. 2. To set aside/modify the final orders passed in O.A.No.55/2014.
3. 3. To order the respondent to maintain states quo of the recovery proceedings till the disposal of this appeal.
4. 4. To order the respondents not to disturb the peaceful possession and enjoyment of the Appellants property.
5. 5. To order the respondents to produce complete records of the recovery proceedings.
6. 6. To permit the appellant to redeem their mortgage property.
7. 7. Any other order or orders which this Hon'ble Tribunal may deem fit in the interest of justice.
2. The Appellant has not preferred an Appeal in accordance with law under section 30 of the RDB Act, 1993. The section 30 of the RDB Act which reads as follows:
**[30. Appeal against the order of Recovery Officer -**
(1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal.
3Appeal 04/2017
*(2) On receipt of any appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such enquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under section 25 to 28 (both inclusive).]*
3. The Appellant in the present Appeal has not challenged any impugned order passed by the Recovery Officer in the case, as such this Tribunal cannot entertain this Appeal even though the Registry having found registered this Appeal, though it is not permissible maintainable under section 30 of the Act.
4. There was no oral argument advanced in the case and the Ld. Counsel for the Appellant having prayed for passing an order on the basis of the Written Arguments filed by the Appellant, which is nothing but the replica of the pleading in the case. Hence, the Written Arguments filed by the Appellants and the Respondent Bank shall stand form part of the record.
5. Under such circumstances, this Tribunal has no other option except to dismiss this Appeal and accordingly, this Appeal No.04/2017 stands dismissed with no order to costs.
A copy of the order be communicated to all the parties concerned by the Registry of this Tribunal.
Dictated to my PA directly on the Computer, corrected and pronounced by me in the Open Tribunal on this the 31<sup>st</sup> Day of March, 2023)
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**[M.P. BALASUBRAMANIAN]** **PRESIDING OFFICER**