P G SETHURAM vs AXIS BANK on 18 June 2021

**ORDER**

1. 1. The submission made by the Applicant and the Respondent Bank are heard by this Tribunal.

2. 2. The Review Application filed by the Applicant is an example to show that how to frustrate the judicial proceedings in a Debts Recovery Tribunal.

3. 3. This Tribunal by its order dated 08.02.2021 in O.A.No.431/2017, passed a final order and the OA is allowed with a reduction in interest rates from 13.5% p.a. (half yearly rests) to a simple rate of interest @ 7%, during the pendentite lite and post lite period, till the recovery of the sum from the Applicant. Subsequently, the DRC is also issued by this Tribunal.

1. 4. It is the Applicant, who approached the Hon'ble High Court of Madras, by filing a Writ Petition No.17305 of 2019 and obtained an order for an early / speedy disposal of the pending OA by its order dated 10.7.2019.

2. 5. This Tribunal for want of having a regular Presiding Officer in the DRT, the case was not listed for hearing for quite some time and on taking over charge of DRT, by the incumbent Presiding Officer, prioritized the case and listed for final hearing and an order was passed, even though this Tribunal is over boarded with the cases more than about Nine Thousand plus in numbers.

3. 6. The Applicant herein, having not satisfied with the final order passed in the O.A, filed the present Review Application.

4. 7. Even though, the Application filed by the Applicant is liable to be dismissed *in limine* as no grounds are advanced by the Applicant in the Application or find any relevant points to review the order passed by this DRT. However, to be on fair and to follow the principles of natural justice, this Tribunal issued notice to the Respondent and the case is reposted for hearing of the Respondent.

5. 8. Be it may so, it is relevant to note that the Applicant while pending the OA, as well as this Review Application before this Tribunal, the Applicant sent several frivolous letters addressed to this Tribunal in its *e.mail* address, which is found to be highly deplorable. Perhaps, the Applicant has not left any Executive/Judicial authorities/Forums in the country or spared by him in sending/forwarding the frivolous letters/RTI application on irrelevant issues.

6. 9. It appears to this Tribunal that the Applicant is not intended in settling the loan account or re-payment of any money to the Respondent

Bank, despite having mortgaged the property of 6 acres of land and obtained the loan. The Applicant has admitted the mortgage of the property towards the loan obtained from the Respondent Bank.

10. It is relevant here to quote the decision/observation of the Hon'ble High Court of Madras, reported in "*Digivision Electronics Ltd. vs. Indian Bank*" MANU /TN/0676/2005, at Para 44 and 45 of the judgment, which states as follows:- *"44. Before parting with these cases, we may mention that there is no equity in favour of the petitioners. The petitioners have borrowed money, and hence they have to return the same with interest. An honourable man repays his debts instead of raising all kinds of technical objections when the time comes for repayment.*

*45. Banks and financial institutions are badly affected by non recovery of dues. After availing the facility of financial assistance quite often the borrowers hardly show interest in repayment of the loans which keep on accumulating, as a result of which it becomes difficult for the financial institutions to give financial assistance to deserving parties due to heavy blockade of money stuck in with erring borrowers."*

11. The Review Application having found hilarious and this Tribunal not intent to review its own order and also the Hon'ble DRAT, Chennai, being the Appellate Authority in this case, the Applicant shall approach only the Hon'ble DRAT, Chennai, to challenge the order passed by this Tribunal.

12. Therefore, this Tribunal found this Application derives of any merits and has an element of mischief. The Review Application is stuffed with unnecessary, frivolous and vexatious averments. Hence, this Application is liable to be dismissed by this Tribunal.

13. This Tribunal also place on record the anguish in the misuse of the RTI Act, wherein, the Act was enacted with a solemn objective(s). Hence, the purity and sanctity of the Act required to be maintained. However, the misuse of the provision(s) of the Act shall cause more harm than the good to the Government machineries/establishments.

14. It is also found necessary that under the given circumstances in this case, the Applicant also required to be imposed with the Cost so as to set an example to deter / prevent similar Application(s) are being filed before this Tribunal and the time of this Tribunal is being wasted for no substantial reasons and on flimsy grounds, only to protract the Recovery Proceedings by filing frivolous Applications. Therefore, to prevent the misuse of Judicial process, the Applicant shall liable to pay a Cost, which is assessed as a sum of Rs.10,000/- and the Cost shall be paid to the Respondent Bank within four weeks from the date of this order and the Applicant having found failed to pay the same within the time stipulated, the Respondent Bank may recover the same from the Applicant as if the cost towards the litigation. It is made clear that the Cost amount so recovered from the Applicant shall not be liable to be adjusted towards the principal or interest amount to be recovered by the Respondent Bank.

15. In the result, the Review Application No.02/2021 stands dismissed. A copy of the order be communicated to the parties concerned by the Registry of this Tribunal.

(Dictated to PS, taken down, transcribed, typed by him, corrected and pronounced by me in the open court this the 18^th June, 2021).

**[M.P. BALASUBRAMANIAN]** **PRESIDING OFFICER**