Madras High Court
K.O.Mohammed Ashraf vs Union Bank Of India on 27 January, 2021
C.R.P.(PD).Nos.2222 and 2223 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.(PD).Nos.2222 and 2223 of 2020
and
C.M.P.No.13980 and 13985 of 2020
K.O.Mohammed Ashraf ... Petitioner
Vs.
1. Union Bank of India,
Rep. by its Branch Manager,
Veer Nariman Road Branch,
Rajmahal, Church Gate,
Mumbai.
2. Oriental Bank of Commerce,
Represented by its Branch Manager,
No.30, Manton Ashish, B-1,
1st Floor, No.29, Napear Sea Road,
Mumbai.
3. Canara Bank,
Represented by its Branch Manager,
A.N.Street Branch,
No.N/42, Andiappa Naicker Street,
0/131, Chennai.
4. State Bank of India,
Represented by its Branch Manager,
Wallajahpet, Vellore District.
5. Central Bank of India,
Represented by its Branch Manager,
Industrial Branch,
No.48/49, Monteeth Road,
Egmore, Chennai.
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C.R.P.(PD).Nos.2222 and 2223 of 2020
6. Allahabad Bank,
Represented by its Branch Manager,
International Branch,
No.41, Mount Road Branch,
Chennai - 41.
7. Bank of India,
Represented by its Branch Manager,
Specialised Asset Recovery,
Management Branch,
1st Floor, Bank of India building
No.70/80, M.C.Road, Mumbai.
8. The General Manager,
B.S.N.L. Vellore Town,
Taluk and District,
9. Commercial Tax Officer, Sipcot,
Assistant Circle,
Ranipet, Vellore District.
10. Anand Shree Implex (P) Ltd.,
No.1, Mistry Court, No.208,
Dinsha Vachha Road,
Mumbai.
11. Commissioner of Customs (Sea),
Residing at No.61, Customs House, Chennai.
12. Deputy Director,
Directorate of Enforcement,
Sastry Bhavan, residing at 3rd Floor, 3rd Block,
No.26, Haddows Road, Chennai.
13. The Director,
Directorate of Enforcement,
6th Floor, Locknayak Bhavan,
Khan Market, New Delhi.
14. The General Manager,
Exchange Control Department,
Mumbai Regional Office,
Export Division, Amar Buildings,
Sion Fort, Mumbai.
15. Managing Director,
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C.R.P.(PD).Nos.2222 and 2223 of 2020
Seimen India Limited,
Mumbai.
16. Munawar Husain
17. S.Arif Ahamed
18. Amjad Ahamed
19. K.Shankar
20. R.Palanikumar
21. R.Harikumar ... Respondents
Civil Revision Petitions are filed under Article 227 of the Constitution of
India, to set aside the common fair and decreetal order dated 06.03.2019
made in I.A.Nos.1 and 2 of 2019 in I.P.No.1 of 2005 on the file of the
Subordinate Judge, Ranipet.
For Petitioner : Mr.S.V.Ramamurthy
For Respondent : No Appearance
COMMON ORDER
These Civil Revision Petitions have been filed against the common fair
and decreetal order dated 06.03.2019 passed in I.A.Nos.1 and 2 of 2019 in
I.P.No.1 of 2005 on the file of the Subordinate Judge, Ranipet.
2. The case of the petitioner is that he was doing a leather business
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C.R.P.(PD).Nos.2222 and 2223 of 2020
along with the respondents 16 and 17 under the name and style of Malack
Shoe Limited, in which, he was one of the partners and was entitled to 1/3rd
share both in the assets as well as in the liabilities. He was also carrying on
business privately in regard to the same exporting of finished leather products
under the name and style of Mariyam Leathers and Amina Exports. His three
businesses were going very well upto 2020 and thereafter because of the
Government Legislation in regard to Pollution Control and in respect of the
Judgment of the Supreme Court viz. Green Bench for the construction of
effluent treatment plants, his business started dwindling and he suffered loss
in his business.
3. Since neither the Government nor the banks were willing to advance
any loan for the petitioner's business, he could not continue his business and
the parties who had received goods from him did not pay the money to him.
He could not take any action against them as they were all in foreign
countries. The Government was also not willing to cooperate with him in
collecting these amounts from them through the banks and therefore he
sustained heavy loss in his business and the banks which have advanced
money in his business filed a suit against him for recovery of the debts along
with interest and obtained a decree against him. His entire properties were
hypothecated for the loan taken by him. Despite the same, there was a deficit
of Rs.14,66,41,820/- to settle the dues to the creditors. Therefore, he filed a
petition in I.P.No.1 of 2005 seeking to adjudge him as an Insolvent.
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C.R.P.(PD).Nos.2222 and 2223 of 2020
4. The said I.P. was taken up for hearing and posted for cross
examination on 11.01.2019. Due to the absence of the petitioner on
11.01.2019, the Court below has closed his evidence and posted the matter
for the evidence of the respondent. Thereafter, the petitioner filed I.A.Nos.1
and 2 of 2019 to reopen the above case for cross examination of P.W.1 and
recall P.W.1 for his cross examination. Both the applications have been
dismissed on 06.03.2019. Aggrieved by the same, he has filed these revision
petitions before this Court.
5. On going through the records, It is clear that the petitioner had filed
I.P.No.1 of 2005 as against the respondents. When the matter was posted for
his cross examination on 26.09.2016, he did not appear before the Court.
Hence, the case was adjourned on various dates from 26.09.2016 and finally
posted for his cross examination on 11.01.2019. Since he did not appear for 3
years, his cross examination was closed. Subsequently, he filed I.A.Nos.1
and 2 of 2019 to reopen the above case for cross examination of P.W.1 and
recall P.W.1 for his cross examination. He has submitted before the Court
below that due to illness and stomach pain, he was taking treatment on
11.01.2019. Therefore, he could not appear before the Court on the said day.
6. On perusal of the typed set of papers, it is only found that the
petitioner had filed the I.P. in the year 2005 and the I.As in the year 2019.
The matter has been listed for trial in the year 2016 and posted for cross
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C.R.P.(PD).Nos.2222 and 2223 of 2020
examination of P.W.1 on 11.01.2019, and no further details to be seen from
the typed set of papers.
7. The learned counsel for the petitioner submits that due to illness and
stomach pain, the petitioner could not appear on 11.01.2019. Only for the
absence on that day, his cross examination was closed. He further submits
that he is ready and willing to obey the Court orders and cooperate with the
proceedings, if he is permitted to cross examine once again.
8. On perusal of the materials available on record, it is clear that even
though the I.P. was filed in the year 2005, it was posted for trial only in the
year 2016. When the matter was posted for cross examination of the
petitioner (P.W.1) on 26.09.2016, he was not appeared. Hence, the matter
was again posted for his cross examination on 11.01.2019. Even on
11.01.2019, he was not appeared. Therefore his evidence was closed on that
day. After closing his evidence, he has filed I.A.Nos.1 and 2 of 2019 to
reopen the above case for cross examination and recall P.W.1 for his cross
examination. But there was no sufficient cause was shown in his applications
for his non appearance after three years. Therefore, the Court below has
rejected his claim and dismissed his applications.
9. Even though the reason stated by the petitioner is not convincing, If
he has shown any medical certificate or any other document to prove his
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C.R.P.(PD).Nos.2222 and 2223 of 2020
case, the Court below would have considered it and allowed his claim. But he
has not produced a single document to prove his case. Therefore, the Court
below has rejected his claim. Even before this Court, he has not produced
any document to prove that he suffered from stomach pain on 11.01.2019.
Therefore, his submission that due to illness, he could appear on 11.01.2019,
cannot be accepted. Moreover, the matter was listed for trial in the year 2016
and the evidence of the petitioner was closed in the year 2019. Even though
the petitioner was given sufficient time for his cross examination, he has not
utilized the same, which shows that he is not interested in conducting the
case. Therefore, the Court below was right in dismissing the applications in
I.A.Nos.1 and 2 of 2019. When that being the case, this Court is not inclined
to interfere with the order of the Court below.
10. Since the amount involved in this case is very high, the Court
below is directed to conduct the proceedings in I.P.No.1 of 2005 on day-to-
day basis and dispose of the same within a period of six months from the
date of receipt of a copy of this order.
11. With the above direction, these Civil Revision Petitions are
disposed of. No costs. Consequently, connected miscellaneous petitions are
closed.
27.01.2021
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C.R.P.(PD).Nos.2222 and 2223 of 2020
raja
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
To
1. The Subordinate Judge,
Ranipet.
2. The Branch Manager,
Union Bank of India,
Veer Nariman Road Branch,
Rajmahal, Church Gate,
Mumbai.
3. The Branch Manager,
Oriental Bank of Commerce,
No.30, Manton Ashish, B-1,
1st Floor, No.29, Napear Sea Road,
Mumbai.
4. The Branch Manager,
Canara Bank,
A.N.Street Branch,
No.N/42, Andiappa Naicker Street,
0/131, Chennai.
5. The Branch Manager,
State Bank of India,
Wallajahpet, Vellore District.
6. The Branch Manager,
Central Bank of India,
Industrial Branch,
No.48/49, Monteeth Road,
Egmore, Chennai.
7. The Branch Manager,
Allahabad Bank,
International Branch,
No.41, Mount Road Branch,
Chennai - 41.
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C.R.P.(PD).Nos.2222 and 2223 of 2020
8. The Branch Manager,
Bank of India,
Specialised Asset Recovery,
Management Branch,
1st Floor, Bank of India building
No.70/80, M.C.Road, Mumbai.
9. The General Manager,
B.S.N.L. Vellore Town,
Taluk and District,
10. The Commercial Tax Officer,
Sipcot, Assistant Circle,
Ranipet, Vellore District.
11. The Commissioner of Customs (Sea),
No.61, Customs House, Chennai.
12. The Deputy Director,
Directorate of Enforcement,
Sastry Bhavan, residing at 3rd Floor, 3rd Block,
No.26, Haddows Road, Chennai.
13. The Director,
Directorate of Enforcement,
6th Floor, Locknayak Bhavan,
Khan Market, New Delhi.
14. The General Manager,
Exchange Control Department,
Mumbai Regional Office,
Export Division, Amar Buildings,
Sion Fort, Mumbai.
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C.R.P.(PD).Nos.2222 and 2223 of 2020
V.BHAVANI SUBBAROYAN.J.,
raja
C.R.P.(PD).Nos.2222 and 2223 of 2020
and
C.M.P.No.13980 and 13985 of 2020
27.01.2021
https://www.mhc.tn.gov.in/judis/
