1. OA 38/

Transcription

1 Proceedings dated OA 38/ Ld. counsel Shri T.R. Jaganathan is appearing for the applicant bank. For filing Proof Affidavit by Call on OA 126/ Ld. counsel Shri Mohanasundaram is representing Ld. counsel for the applicant bank and filed Proof Affidavit. Ld. counsel Ms. Kalaiarasi is appearing for D-1, received copy. For counter Proof Affidavit by Call on OA 151/ Ld. counsel Shri Mahendran is appearing for the applicant bank. For filing PS and PP by Call on OA 168/ Ld. counsel Shri T.R. Jaganathan is appearing for the applicant bank. D1 written statement by last chance. D2 fresh summons by RP(AD) by then. Call on PS by then. 5. OA 200/ Ld. counsel Shri P. Balasubramaniam is appearing for the applicant bank. It is represented that the loan has been assigned to ARCIL and steps have to be taken. For steps and Proof Affidavit by Call on OA 254/ Ld. counsel Shri Ramprasad is appearing for the applicant bank. PP effected. D1 and D2 called absent. No representation. However, this Tribunal in it earlier order dated has ordered to issue summons to D1 and D2 by RP(AD) but it has not been complied with. Therefore, issue fresh summons by D1 And D2 by RP(AD) by Call on PS by then. 7. OA 30/ Order pronounced vide separate speaking order. OA allowed.

2 2 8. OA 44/ Ld. counsel Shri T.R. Jaganathan is appearing for the applicant bank. It is represented by the Ld. counsel that as per the Award passed by the Lok Adalat the defendant did not pay the 1 st instalment of Rs.50,000/- as agreed by him. The Ld. counsel seeks time to send notice to the defendant to ascertain his willingness to settle the amount as agreed in the Award or else a final order can be passed in this proceedings as agreed between the parties. For giving notice to the defendant and for reporting, call on SA 37/ Ld. counsel Ms. Shankaran Latha is appearing for the appellant. Ld. counsel Shri P. Kamalakshan is appearing for the respondent bank. It is represented by the both Ld. counsels that the loan has been assigned to Reliance Assets Reconstruction Company Ltd. For steps by Call on C/w OA 47/13 by then. 10. OA 47/ Ld. counsel Shri P. Kamalakshan is appearing for the applicant bank. Ld. counsel Ms.Shankaran Latha is appearing for the defendant. For filing Proof Affidavit by C/w. SA 37/13 on OA 52/ Ld. counsel Shri Anthony Sahay Kumar is appearing for the applicant bank. Ld. counsel Shri C. Srivatsan filed vakalat for D-1. Ld. counsel Shri K. Sethuram filed vakalat for D-4. D2 and D3 summons served, called absent. No representation and set ex-parte. Memo filed and recorded. D1 and D4 written statement by Call on IA 545/13 counter of R1 and R4 by then. 12. OA 128/ Ld. counsel Shri K. Radhakrishnan is appearing for the applicant bank. For filing Proof Affidavit by Call on OA 136/ Ld. counsel Shri Srinivasan is appearing for the applicant bank. Proof Affidavit filed. For marking of documents by Call on OA 147/ Ld. counsel Shri P. Selvakumar is appearing for the applicant bank. PP filed for the hearing on as ordered by this Tribunal which is well in advance from the date of hearing, i.e. on Therefore, service held sufficient. Defendants 1 to 4 called absent. No representation. Therefore, there is no other option but to set them ex-parte. Accordingly, D1 to D4 called absent and set ex-parte. Proof Affidavit by Call on

3 3 15. OA 156/ Ld. counsel Shri A. Panchapakesan is appearing for the applicant bank. Written statement of D1 to D5 not filed, though posted as finally. One more chance is given for written statement of D1 to D5 by last chance. Call on OA 235/ Ld. counsel Shri Anthony Sahay Kumar is appearing for the applicant bank. Ld. counsel Shri P. Venkatapathy is representing Ld. counsel Shri Bhagwat Singh for the defendants. Written statement by finally. Call on OA 236/ Ld. counsel Shri Anthony Sahay Kumar is appearing for the applicant bank. Ld. counsel Shri P. Venkatapathy is representing Ld. counsel Shri Bhagwat Singh for the defendants. Written statement by finally. Call on OA 84/ Ld. counsel Shri C. Ranganathan is appearing for the applicant bank. Petition filed by the a/bank stating that the matter has been settled out of Tribunal by executing OTS and a sum of Rs lakhs have been paid by the defendants in full quit and FS may be recorded in the OA. Petition allowed. Full satisfaction recorded. Defendant No.1 is appearing in person. Registry is directed to check the application and take it on file, if it is otherwise in order today itself. Petition to return Court fees filed. Registry is directed to check the application and take it on file, if it is otherwise in order. It is also directed that the entitlement of the applicant bank shall be calculated in accordance with the notification issued by the Ministry of Finance, Govt. Of India and steps may be taken to refund the eligible Court fee. Endorsement made on the front side of the OA stating that the OA is not pressed and recorded. OA is dismissed as not pressed as it was settled out of Tribunal. Registry is directed to return the original title deeds pertaining to the loan to the authorized officer of the applicant bank after getting proper acknowledgment from him. 19. SA 115/ SA 116/

4 4 43. SA 107/ SA 108/ SA 109/ SA 110/ R. Anandharamkumar who himself is the appellant appeared. Memo filed stating that the appellant has vacated the property and the lease agreement has been terminated suo motto and the appeal become infructuous. Memo recorded. Appeal is dismissed as infructuous in view of the memo being filed by the Appellant himself. No costs. 47. SA 111/ SA 112/ SA 113/

5 5 50. SA 114/ SA 136/ Ld. counsel Shri G.G. Kannan is appearing for the appellant. Ld. counsel Mrs. Gurpreet Kaur is appearing for the respondent bank. It is represented by Ld. counsel for the appellant that two items of the property which have been mortgaged with the respondent bank have been sold by the respondent bank and the sale proceeds have been appropriated in the loan account. The Ld. counsel seeks status report and latest statement of account of the loan so as to enable the appellant to settle the account. Therefore, the respondent bank is directed to file a status report and latest statement of account by Enquiry also by then. Call on SA 218/ Ld. counsel Shri S. Ravikumar is appearing for the appellant. Ld. counsel Shri T.U. Manoj is appearing for the 1 st respondent bank. Ld. counsel Shri V. Sukumaran filed vakalat for the R-2. Memo filed stating that the appellant has complied the conditional order passed by this Tribunal on , and payments were made on , , and respectively and it is recorded. The memo has been filed on itself and recorded today. Counter of respondent bank filed in IA 1324/13. Enquiry in IA 1324/13 by Call on Petition to amend the SA and petition to permit the appellant to sell the Tea machineries fixed at Shri Laxmi Tea Factory in Kotagiri in Nilgiris district. Registry is directed to check the petition and take it on file, if it is otherwise in order. Notice given to other side. Endorsement made. Counter in both IAs also by then. The stay granted as per the order of this Tribunal dated shall continue till SA 21/ Ld. counsel Mrs. Jayaprabha is appearing for the appellant. Ld. counsel Shri P. Balasubramaniam is representing Ld. counsel Shri V. Sivakumar for the respondent bank. Counter in IA 137/14 by Call on Reply Statement also by then. 24. SA 28/ Ld. counsel Mrs. C.D. Promodhini is appearing for the respondent bank. Ld. counsel Shri P. Selvakumar is appearing for the Appellant. IA 424/14 petition to produce the documents. Heard both. Endorsement made on the back of the petition that the documents have been received and the petition may be closed and it is recorded. In view of the endorsement made IA 424/14 is closed. No costs. Registry is directed to place the documents filed in pursuance of IA 424/14 along with the original material records for the purpose hearing the main appeal. IA 423/14 Reopening Petition is pending. Counter also by then. IA 424/13 closed today. Call on

6 6 25. SA 29/ Ld. counsel Mrs. C.D. Promodhini is appearing for the respondent bank. Ld. counsel Shri P. Selvakumar is appearing for the Appellant. IA 426/14 petition to produce the documents. Heard both. Endorsement made on the back of the petition that the documents have been received and the petition may be closed and it is recorded. In view of the endorsement made IA 426/14 is closed. No costs. Registry is directed to place the documents filed in pursuance of IA 426/14 along with the original material records for the purpose of hearing the main appeal. Petition filed to produce documents mentioned in the annexure I and II. The Ld. counsel for the respondent bank has made an endorsement that the respondent bank is willing to produce Item No.I (1& 2). In view of the endorsement made by the Ld. counsel for the respondent bank, this petition is allowed in r/o. annexure I (1 & 2) documents. In r/o. Item No.II (1 to 4), the appellant is directed to approach the competent Court concerned and apply for certified copies of documents concerned, since the respondent bank has admitted that a compliant has been lodged before the Inspector of Police, DCP, Coimbatore, and report to this Tribunal about the outcome of such exercise in the next hearing. Registry is directed to check the application and take it on file, if it is otherwise in order. Call on Production of documents also by then. 26. SA 71/ Ld. counsel Shri P. Selvakumar is appearing for the Appellant. Ld. counsel Shri G.G. Kannan is appearing for the respondent bank. For filing reply statement by To carry out amendment and APC also by then. Call on SA 85/ Ld. counsel Shri P. Selvakumar is appearing for the appellant. Ld. counsel Shri R. Anandharamkmar is appearing for the respondent bank. Reply statement filed. Memo filed stating that the reply statement be treated as counter in IA 487/14 and it is recorded. Enquiry by Call on OA 5/ Ld. counsel Shri P. Balasurbamaniam is appearing for the applicant bank. For filing defendants written submissions by last chance. Call on OA 8/ Ld. counsel Shri Srinivasan is appearing for the applicant bank. Ld. counsel Shri Murugraj is appearing for the defendants. Petition to set aside the ex parte order against D4 filed. Registry is directed to check the petition and take it on file, if it is otherwise in order. Counter of respondent bank in set aside petition by Call on

7 7 30. OA 41/ Ld. counsel Shri G.G. Kannan is appearing for the applicant bank. Ld. counsel Shri K.K. Merrish is already on record for D1 to D5. Applicant bank is directed to furnish copy of the application to D1 to D5 within two days. Written statement of D1 to D5 by last chance. Call on OA 42/ Ld. counsel Shri G.G. Kannan is appearing for the applicant bank. Counter Proof Affidavit by last chance. Call on OA 66/ Ld. counsel Shri P. Selvakumar is appearing for the defendants. Applicant bank is represented by Ld. counsel Shri T.R. Jaganathan. It is represented by the Ld. counsel for the defendant that Writ Petition has been filed challenging the rate of interest charged by the applicant bank which is pending consideration of the Hon ble High Court. The order copy in Writ Petition (MD) Nos of 2011; 7155 of 2012; 4525 and 9833 of 2013 filed and recorded. For furnishing the details of the Writ Petition by Call on Enquiry also by then as finally. 33. OA 23/ Ld. counsel Shri G.G. Venkatagiri is appearing for the applicant bank. Memo filed along with PP dated and recorded. PP was effected for hearing on But there was no regular sitting by regular Presiding Officer thereafter for four hearings and no order to the effect that whether defendants were set ex-parte or not has been passed so far. Therefore, to meet the ends of justice the applicant bank is directed to effect one more paper publication in vernacular language and English newspaper in Bangalore city edition by Call on PP by then. 34. OA 84/ Ld. counsel Shri N. Padmanbhan is appearing for the applicant bank. Ld. counsel Shri P. Selvakumar is appearing for the defendants. It is represented by the Ld. counsel for the defendants that there was no instruction from the defendants for the last one year and no negotiation as promised in the previous hearing has been taken place. Therefore, under the said circumstances, the OA has to be proceeded with. Written statement of defendants by finally. Call on

8 8 35. OA 220/ Ld. counsel Shri T.R. Jaganathan is appearing for the applicant bank. Ld. counsel Shri P. Selvakumar is appearing for the defendants. Petition filed to record full satisfaction of the claim and to dismiss the application as settled out of Tribunal. Joint Affidavit filed by the parties stating that during the pendency of the proceedings before this Tribunal a sum of Rs lakhs has been paid by the defendants and for the balance amount an OTS was arrived for a sum of Rs.8.50 lakhs between the parties and accordingly the said amount also has been paid by the defendants on Both parties have pleaded to record the full satisfaction and to record the matter as settled out of Tribunal. Joint Affidavit recorded accordingly. Registry is directed to check the petition to record full satisfaction and take it on file, if it is otherwise in order. If it is so numbered, the documents sought to be returned, shall be returned to the applicant bank authorised officer after getting proper acknowledgement from him. The Registry is directed to calculate the entitlement of the applicant bank in r/o. the Court fee in accordance with the notification issued by the Ministry of Finance, Govt. Of India and take appropriate steps to return the Court fee as per the calculation to be arrived at. Endorsement made on the main application that the application is not pressed, since the matter is settled out of Tribunal and recorded. Therefore, in view of the petition to record full satisfaction and endorsement made at the back of the main application, OA 220/05 is dismissed as settled out of Tribunal. No costs. 36. SA 175/ Ld. counsel Shri Srinivasan is appearing for the respondent bank. Appellant called absent. No representation though posted as last chance. Therefore, there is no meaning in keeping the proceedings pending hereafter. The appellant is not interested to prosecute the matter, though sufficient indulgence have been shown to him. Hence, this appeal is dismissed for default with costs. 37. SA 176/ Ld. counsel Shri Srinivasan is appearing for the respondent bank. Appellant called absent. No representation though posted as last chance. Therefore, there is no meaning in keeping the proceedings pending hereafter. The appellant is not interested to prosecute the matter, though sufficient indulgence have been shown to him. Hence, this appeal is dismissed for default with costs. 38. SA 54/ Ld. counsel Shri P. Balasubramaniam is representing Ld. counsel Shri Saravana Rangan for the appellant. Ld. counsel Shri C.A. Senthil Kumar is representing Ld. counsel for the respondent bank. For filing Proof Affidavit by the appellant by finally. Call on SA 43/ Ld. counsel Shri T.R. Jaganathan is appearing for the appellant. Ld. counsel Shri P. Balasubramniam is appearing for the respondent bank. Both Ld. counsels represent that the matter is settled out of Court. For reporting settlement by Call on

9 9 40. SA 49/ Ld. counsel Shri V. Doraisamy is appearing for the Appellant. Ld. counsel Shri R. Anandharamkumar is appearing for the respondent bank. Both Ld. counsels seek short time for hearing the matter. Hence, for hearing by finally. Call on SA 50/ Ld. counsel Mrs. Gurpreet Kaur is appearing for the respondent bank. Ld. counsel Shri G.G. Kannan is appearing for the appellant. Reply statement filed. Copy furnished. For hearing the appeal by Call on Appeal 4/ Ld. counsel Shri R. Ravi Kumar is appearing for the appellant. Respondent bank called absent. No representation. Reply statement by finally. Call on OA 100/ Ld. counsel Shri P. Balasubramaniam is appearing for the applicant bank. Proof Affidavit filed. D-2 is appearing in person. Counter Proof Affidavit of D-1 to D-3 filed. For marking the documents by Call on OA 122/ Ld. counsel Shri G.G. Kannan is appearing for the applicant bank. Ld. counsel Shri A.C. Vijayan already on record for D-5 and D-6. D-1,D-2,D-3 and D-7 not claimed. D3 appeared in person and represented on behalf of D1,2 and 7 already. D-4, D-9,D-10,D-17,D-21, D-23 and D- 24 already set ex-parte. D-12 and D-22 summons returned with endorsement left. D-18 summons returned with endorsement that he is out of country and not claimed. D-8, returned as no such addressee, D-11, returned as left, D-19 served. D-19 called absent. No representation and set ex-parte. D-13 and D-16 summons not returned. D-13 and D-16 fresh summons by RP(AD) by D-8, D-11, D-12, D-18 and D-22, paper publication by D- 14, D-15 and D-20 reported dead. D-14, D-15 and D-20 steps by then. Call on PS and PP by then. 53. OA 54/ Ld. counsel Shri G.V. Thirupathi is appearing for the applicant bank. For filing Proof Affidavit by last chance. Call on OA 75/ Ld. counsel Shri T. Rajkumar is appearing for the applicant bank, seeks time for taking steps. Steps by Call on

10 OA 91/ Ld. counsel Shri Ramprasad is representing Ld. counsel for the applicant bank. Ld. counsel Shri P. Selvakuamr is appearing for the D-1 to D-4. For filing change of vakalat and Proof Affidavit by applicant bank by finally. Call on OA 124/ Ld. counsel Shri P. Balasubramaniam appearing for the applicant bank. Ld. counsel Shri Kartikeyan is representing Ld. counsel for the D-3. IA 188/12 Counter of R3 and R4 by finally. Written statement of D1 already filed on Written statement of D2 and D4 by then finally. Call OA 51/ Orders pronounced. IA 625/14 in OA 51/14: This petition has been filed by the applicant bank to direct the Advocate Commissioner to sell the hypothecated vehicle more fully described in the accompanying application at such Up Set price fixed by the Tribunal or permit the bank to sell the said vehicle by private treaty for realization of the loan amount. The Ld. Counsel for the petitioner / applicant bank submitted that the 1 st respondent who is the principal borrower has abandoned the vehicle and failed to take delivery of the said vehicle from the 3 rd respondent and even did not take any efforts to get the vehicle registered permanently and renew the insurance coverage. The Ld. Counsel further submitted that it was based upon the application filed by the applicant bank an Advocate Commissioner was appointed to take custody of the vehicle and it was allowed and vehicle was taken into custody of the bank on The Ld. Counsel further submitted that the vehicle is being kept idle and is getting deteriorated day by day and its value is diminishing and if such state of affairs continues the applicant bank may not be able to realize the debt from the secured assets. The Ld. counsel sought to consider the circumstances and sought to direct the Advocate Commissioner to sell the hypothecated vehicle and to deposit the sale proceeds before the Tribunal for apportionment. The notice sent to the 1 st respondent has been returned with an endorsement that he was not available in the address mentioned. Therefore, substituted service by paper publication was ordered and it was effected. Even then the 1 st respondent did not appear before this Tribunal and was set ex-parte. R-2 endorsed no objection. R-3 counter filed. The Ld. Counsel for the R-3 submitted that vehicle was left to the custody of 3 rd respondent on and accordingly the overall service was done by R-3 for which service charge would be `15,600/- and it is business custom to take delivery of the vehicle within one week from the date of service and the factum of completion of the work has been intimated to the 1 st respondent and even then he has not come forward to take delivery of the vehicle. The Ld. Counsel further submitted that the vehicle was in the custody of the 3 rd respondent from till , the date on which the Ld. Advocate Commissioner has taken possession of the vehicle as per order of this

11 11 Tribunal in IA 270/14 and the demurrage charges for 156 per day would be `39,000/- and in total the 3 rd respondent is entitled to get `54,600/- from the 1 st respondent. The Ld. Counsel for the 3 rd respondent sought payment of `54,600/- to the 3 rd respondent. The Petitioner / applicant bank has filed the valuation report given by the Chartered Engineers and Registered Valuer Mr. R.S. Kamath for the purpose of fixing Upset value of the vehicle. Therefore, taking into consideration of the submissions made by the petitioner / applicant bank and the circumstances stated in the Affidavit, this Tribunal is inclined to appoint an Advocate Commissioner to sell the hypothecated vehicle more fully described in the application to realize the loan amount of the 1 st respondent. Therefore, Ld. Advocate Mr. S. Viswanathan is appointed as Advocate Commissioner, to sell the vehicle more fully described in the application strictly in accordance with law. The Advocate Commissioner is directed to issue notice to all the parties individually before initiating proceedings to sell the vehicle. The Ld. Advocate Commissioner is directed to take into consideration of the valuation report given by the Chartered Engineers and Registered Valuer Mr. R.S. Kamath dated for all practical purposes. The fee fixed for the Ld. Advocate Commissioner is at `15,000/- (Rupees Fifteen Thousand only) to be directly paid by the Applicant bank to the Ld. Advocate Commissioner. The Registry is directed to issue Warrant appointing Advocate S. Viswanathan as Commissioner for the sale of the Hypothecated vehicles, more fully described in the Schedule to the OA. The Ld. Advocate Commissioner is directed to file the Report within two months. The Ld. Advocate Commissioner is directed to deposit the entire sale consideration by way of DD in favour the Registrar, DRT, Coimbatore. The claim of the 3 rd respondent and the apportionment of the amount would be heard and decided thereafter. Commissioner Report by Written statement of D-2 and D-3 by then. Applicant bank is directed to issue fresh summons to D-1 by RP(AD) by then. Call on PS also by then. 58. SA 141/ Ld. counsel Shri P. Balasubramaniam is appearing for the respondent bank. Ld. counsel Shri P. Selvakuamar is appearing for the appellant. For production of Hon ble DRAT order by Call on