[Cites 1, Cited by 0]
Madras High Court
C.Rethinam vs The Authorised Officer on 20 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
CRP(MD) No.482 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
CRP(MD)(PD)No.482 of 2026
and
CMP(MD)No.2147 of 2026
C.Rethinam ... Petitioner
-vs-
1.The Authorised officer
Union Bank of India
K.K. Nagar Branch,
340, EVR Salai, KK Nagar,
Tiruchirapalli ..Respondent
PRAYER: Petition filed under Article 227 of the Constitution of India, to
call for the records pertaining to the impugned order dated 04.02.2026 in
I.A.No.1751 of 2025 in AIR No.2593 of 2025 passed by the Debts
Recovery Appellate Tribunal at Chennai and set aside the same and
consequently directed to number the appeal AIR No.2593 of 2025 along
with interlocutary application.
For Petitioner : Mr.M.Dinesh Hari Sudarsan
For Respondent : Mr.N.Dilip Kumar
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CRP(MD) No.482 of 2026
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
This petition has been filed to call for the records pertaining to the
impugned order dated 04.02.2026 in I.A.No.1751 of 2025 in AIR No.2593
of 2025 passed by the Debts Recovery Appellate Tribunal at Chennai
and set aside the same and consequently to direct to number the appeal
AIR No.2593 of 2025 along with interlocutory application.
2. The petitioner borrowed loan from the respondent and
committed default and therefore the secured property was brought for
sale. In pursuant to the proceedings of the respondent, sale notice was
issued and the same was challenged by the petitioner before the Debts
Recovery Tribunal in S.A.No.910 of 2025 on the file of the Debts
Recovery Tribunal, Madurai. The petitioner also filed an application for
stay of all further proceedings in IA No.4494 of 2025, which was allowed
on the following conditions:
“Without going into merits, considering the submissions of
both sides counsels, Ad-Interim stay is granted to the Respondent
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Bank to proceed with the sale but not to confirm the sale till
23.02.2026 pursuant to the sale notice dated 15.10.2025, with
respect to the petition schedule mentioned property, if the sale is so
held, subject to payment of Rs.5,00,000/- on or before
18.11.2025and the entire balance suit amount (i.e., Rs.
12,71,811.50/-) in 3 equal installments (last installment with
subsequent interest and cost)directly to the Respondent Bank as
mentioned here under:
Instalment Date(On Amount
or before)
1st Instalment 18.11.2025 Rs.5,00,000/-
2nd Instalment 18.12.2025 Rs.4,24,000/-
3rd Instalment 19.01.2026 Rs.4,24,000/-
4th Instalment 20.02.2026 Rs.4,23,811.5
(+ subsequent
interest and cost)
However, in the event of failure to pay any one of the
installments as ordered above, the Respondent Bank is at liberty to
proceed further and the Stay shall stand vacated automatically. If
the Petitioner complies with the order, the stay granted shall be
made absolute, pending disposal of the SA.
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3. Though the petitioner has paid the first instalment on 17.11.2025
to the tune of Rs.5,00,000/-, without paying the other instalments the
petitioner challenged the interim order passed in IA No.4494 of 2025
before the Debts Recovery Appellate Tribunal at Chennai. However the
petitioner having not paid the pre-deposit amount, as contemplated
under the Act, filed application to waiver the pre deposit condition in
IA No.1751 of 2025 in AIR No.2593 of 2025. The Debts Recovery
Appellate, Chennai allowed the application and directed the petitioner
to make pre-deposit amount of 45% instead of 50% to the tune of Rs.
12,71,811.50/-. Further, the Debts Recovery Appellate Tribunal
dismissed the appeal itself for the reason that the petitioner failed to
comply with the condition imposed in the waiver application. The Debts
Recovery Appellate Tribunal, Chennai further directed the petitioner to
pay the instalments and specifically directed to pay the above said
instalments by way of Demand Draft in favour of Registrar, Debts
Recovery Appellate Tribunal, Chennai. The petitioner complied with
the condition and paid the first instalment amount directly to the loan
account of the respondent instead of the Registrar, Debts Recovery
Appellate Tribunal, Chennai.
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4. The learned counsel appearing for the respondent fairly
submitted that if the petitioner pays the entire amount as directed by
the Debts Recovery Tribunal the respondent has no objection to receive
the same within the stipulated time.
5. Considering the above submissions, the order of the Debts
Recovery Appellate Tribunal in I.A.No.1751 of 2025 in AIR No.2593 of
2025 is set aside on condition that the petitioner shall pay a sum of
Rs.10,50,000/- as the entire balance amount to the loan account on or
before 06.03.2026 failing which the order passed by the Debts Recovery
Tribunal shall stand automatically restored. It is made clear that after
payment of the entire loan amount as directed by the Debts Recovery
Tribunal, the petitioner can proceed with S.A.No.910 of 2025. The Debts
Recovery Tribunal, Madurai is directed to dispose the S.A.No.910 of
2025 within a period of six months from the date of payment of the
entire loan amount as directed above.
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6. In the result, the Civil Revision Petition stands allowed.
Consequently connected miscellaneous petition stands closed.
[G.K.I., J.] [R.P., J.]
20.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 25.02.2026
To:
1. The Debts Recovery Tribunal, Madurai
2. The Debts Recovery Appellate Tribunal, Chennai
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G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
20.02.2026
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