Madras High Court

CRP(MD)/2695/2026 of M.G. Pare Vs The Authorized Officer on 29 September 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.09.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE M.D.SUMATHI

CRP(MD) NO. 2695 of 2026

{CNR: HCMD011169132026}

Case QR

and

C.M.P.(MD)No.13660 of 2026

M.G. Pare,

Partner, M/s. G.P.Constructions,

1, Gopalsamy Nagar,

Pasumalai,

Madurai -625 004.

... Petitioner

Vs.

The Authorized Officer,

State Bank of India,

SARB (Stressed Asset Recovery Branch),

No.8, Dr. Ambedkar Road,

Vinayaga Nagar Branch I Floor,

Madurai -625 020.

... Respondent

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, set aside the order passed by the Debts Recovery

Tribunal in I.A. No. 2776 of 2026 in S.A.No.540/2026 dated 14.07.2026

rejecting the S.A. on the ground of maintainability and consequently direct the Debts Recovery Tribunal Madurai to hear the case in S.A.No.540 of 2026 on merits in accordance with law.

For Petitioner

: Mr.V.Ramakrishnan

For Respondent

: Mr.C.Deepak

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ORDER

(By G.R.Swaminathan, J.) The revision petitioner herein availed loan from the respondent bank. The loan account turned into a non-performing asset. Action under SARFAESI Act was taken. Finally, order under Section 14 of the Act was also obtained from the jurisdictional Chief Judicial Magistrate. Questioning the same, the revision parishioner herein filed S.A.No.540 of 2026. It was dismissed on 14.07.2026 by the Debits Recovery Tribunal, Madurai. Aggrieved by the same, this civil revision petition came to be filed.

2. The revision petitioner moved this Court since he felt that he may have to pay 25% of the claim amount before the Tribunal. However, the circular issued by the Tribunal in that regard was stayed by the Honourable First Bench. Therefore, the revision petitioner cannot have any impediment in moving the Appellate Tribunal.

3. The learned counsel for the revision petitioner states that even though the appeal was filed in time, it was refused to be accepted by the Registry and in that process, there was some delay. He wondered that if he is non-suited on this ground, he will be left remedy less.

4. Considering the special facts and circumstances, we direct the Debts Recovery Appellate Tribunal, Southern Region, Chennai to entertain the appeal filed by the revision petitioner herein without reference to limitation and dispose of the interim stay application on merits and in accordance with law on or before 26.10.2026. We grant interim protection in favour of the revision petitioner till 02.11.2026. If revision petitioner herein is unable to get any protection order from the Tribunal or Court, the revision petitioner undertakes to hand over physical possession of the secured asset to the Advocate Commissioner appointed by the learned Chief Judicial Magistrate, Madurai, Interim protection is granted to the revision petitioner till 02.11.2026 only in view of the undertaking now given before us.

5. This civil revision petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 29.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 29.09.2026 To: The Debts Recovery Tribunal, Madurai. Copy to: The Debts Recovery Appellate Tribunal, Southern Region, Chennai.

G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

ias C.R.P.(MD)No.2695 of 2026

29.09.2026

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