Madras High Court

CRP/3741/2023 of L.CHANDRAN Vs STATE BANK OF INDIA on 8 October 2026

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CRP.No.3741 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP.No.3741 of 2023

CNR:{HCMA011135842023}

1. L.Chandran

2. Saradha

..Petitioner(s)

Vs

M/s.State Bank Of India, Agalar,

Reptd. By its Branch Manager,

A.Rakesh, (M/A 31)

S/o A.Vikram,

Ootacamund, The Nilgiris.

..Respondent(s)

PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the Fair and Decreetal Order dated 17.11.2022

passed by the learned Judge of Subordinate Court at Udhagamandalam in

I.A.No.1 of 2022 in O.S.No.150 of 2014.

For Petitioners

: Mr.Thangavadhanabalakrishnan

For Respondent

: Not Ready in Notice

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ORDER

The Civil Revision Petition is filed challenging the order passed by the Subordinate Court at Udhagamandalam in I.A.No.1 of 2022 in O.S.No.150 of 2014, 17.11.2022, dismissing the application filed by the petitioners seeking to

CRP.No.3741 of 2023

condone the delay of 2480 days in filing the petition to set aside the exparte decree passed against the petitioners.

2. The respondent herein filed a suit for recovery of money based on the mortgage. In the said suit, an exparte decree was passed as against the petitioners on 04.07.2015. The petitioners filed an application seeking to set aside the exparte decree and to condone the delay of 2480 days in filing such application on 18.04.2022. The condone delay petition was dismissed by the Trial Court and aggrieved by the same, the petitioners have come before this Court.

3. The learned counsel appearing for the petitioners would submit that at the relevant point of time, there was negotiation between the bank and the Floricultural Farmers Association and in view of the same, the petitioners failed to file written statement and give suitable instructions to their counsel. The learned counsel for the petitioner further submits that due to covid pandemic also, the petitioners could not file the petition to set aside the exparte decree in time.

4. A perusal of the typed-set of papers would indicate that the exparte decree against the petitioner was passed as early as 04.07.2015. The covid

CRP.No.3741 of 2023

pandemic had taken place only in March-2020. Therefore, the pandemic situation will not explain the delay of 2480 days in this case. Further, the petitioners stated that there was negotiation between the Floricultural Farmers Association and the bank regarding the settlement of loan and hence, the petitioners could not file written statement in time. The petitioners have not placed any material to substantiate said the averment.

5. Further, merely because there was negotiation between the parties, the petitioners cannot ignore the summons issued by the Court and be negligent in following up the case. The reason given by the petitioners cannot be accepted to explain the inordinate delay of 2480 days. I do not find any error in the impugned order.

6. Accordingly, the Civil Revision Petition is dismissed. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To The Subordinate Court, Udhagamandalam.

CRP.No.3741 of 2023

S.SOUNTHAR J. dm CRP.No.3741 of 2023 08-10-2026

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