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1.
TA 2077/02
24.03.2015
Ld. Counsel Mr. R. Venkatesan is appearing for A/B. Ld. Sr. Counsel
Mr. Venkataramanan for R/B. Endorsement made on the back of the
written arguments of the A/B. No further reply written arguments need to
be filed and it is recorded. Heard both. For perusal and orders by
31.03.2015. Call on 31.03.2015.
PO
2.
SA 187/13
24.03.2015
Ld. Counsel Mr. M. Senthil Kumar is appearing for Applicant. Ld.
Counsel Mr. Krishnanunni for R/B. IA 441/15, Stay petition. Heard the
arguments of the applicant. For respondent‟s arguments by 25.03.2015.
Call on 25.03.2015.
PO
3.
SA 53/15
24.03.2015
Ld. Counsel Mr. C. Srivatsan is appearing for Applicant. Ld. Counsel
Mr. Krishnanunni for R/B. Heard the arguments of the applicant in full.
For Respondent‟s arguments by 25.03.2015. Call on 25.03.2015.
PO
4.
SA 256/14
24.03.2015
Ld. Counsel Mr. Sanjiv Kumar is appearing for Applicant. Ld. Counsel
Ms. Merlin for R/B. Memo filed alongwith the letter issued by the AGM of
the R/B, stating that the loan account has been closed and the mortgage
also has been discharged. The approximate amount was Rs. 49 lakhs.
Endorsement made that this SA is not pressed and recorded. Hence, SA
256/14 is dismissed as „not pressed‟ as it is settled between the parties by
making full payment. No costs.
PO
5.
SA 61/15
24.03.2015
Ld. Counsel Mr. M. Senthil Kumar is appearing for the Applicant. Ld.
Counsel Mr. R. Venkatesan for the R/B. Vakalat, R/S filed. Memo filed
stating that the R/S be treated as counter in IA 501/15 and it is recorded.
List of respondent documents filed. It is represented by the Ld. Counsel for
the R/B that as on date there is no bidders for the proposed sale which is
fixed on 25.03.2015. Hence, at request of both Ld. Counsels adjourned to
07.04.2015. Call on 07.04.2015.
PO
6.
OA 299/14
24.03.2015
Both called absent, no representation.
Registry is directed to
communicate the order to D1 for compliance by 15.04.2015. Call on
15.04.2015.
PO
7.
OA 193/14
24.03.2015
Ld. Counsel Mr. R. Chandrasekhar is appearing for A/B. Registry is
directed to issue notice to the respondent to furnish security for Rs. 28
lakhs by 15.04.2015.
IA 1670/14, ABJ Petition pending.
Call on
15.04.2015.
PO
8.
OA 194/14
24.03.2015
Ld. Counsel Mr. R. Chandrasekhar is appearing for A/B. IA 1490/14,
ABJ petition. Registry is directed to issue notice to the respondents to
furnish security for Rs. 36 lakhs on or before 15.04.2015.
Call on
15.04.2015.
PO
12.
SA 100/14
24.03.2015
Ld. Counsel Mr. Shivashanmugam is appearing for Applicant. Ld.
Counsel Mr. B. Harisudhan for R/B.
IA 1156/14, Permission petition and IA 93/15, Stay petition. Heard the Ld.
Counsel for the petitioner in part. It is represented that the petitioner is
ready to moot out an OTS proposal. For continuation by 01.04.2015 at 3.30
p.m. Interim order extended till then. Call on 01.04.2015.
PO
16. SA 235/14
24.03.2015
Ld. Counsel Mr. Sanjiv Kumar is appearing for Applicant. Ld. Counsel
Mr. R. Venkatesan for R/B.
IA 515/15: Emergent Petition. In view of the affidavit averments, this
petition is allowed and the matter has been taken up today for hearing
emergently. No costs.
IA 516/15: Advance hearing petition. In view of the affidavit averments, this
petition is allowed and the hearing of the matter has been advanced from
25.05.2015 to 24.03.2015. No costs.
IA 517/15, Petition for extension of time. Heard both. Orders after lunch.
PO
17.
OA 61/10
24.03.2015
Ld. Counsels Mr. R. Chandrasekhar and Mr. Mahendran are
appearing for A/B. The Ld. Counsel for the A/B made a mention before
commencing the morning session that this matter is settled before Lok
Adalat and the same is listed today for disposal. In the meanwhile, it is with
a view to manage the volume of work, certain cases were directed to be
reposted to 24.04.2015 and accordingly, before listing the matter before the
open court this case has been reposted to 24.04.2015 inadvertently, though
a special mention was made by the Ld. Counsel for the A/B. Memo filed by
the Ld. Counsel in this regard and it is recorded. Hence, this OA is taken
up today for hearing. The matter has been settled before Lok Adalat which
held on 15.03.2014. Registry is directed to check the entire materials and
submit a report as to the present status of the previous proceedings by
26.03.2015. Call on 26.03.2015. Notice of hearing to the defendant also by
then.
PO
18. OA 30/09
Ld. Counsels Mr. R. Chandrasekhar and Mr. Mahendran are
appearing for A/B. The Ld. Counsel for the A/B made a mention before
commencing the morning session that this matter is settled before Lok
Adalat and the same is listed today for disposal. In the meanwhile, it is with
a view to manage the volume of work, certain cases were directed to be
reposted to 24.04.2015 and accordingly, before listing the matter before the
open court this case has been reposted to 24.04.2015 inadvertently, though
a special mention was made by the Ld. Counsel for the A/B. Memo filed by
the Ld. Counsel in this regard and it is recorded. Hence, this OA is taken
up today for hearing. The matter has been settled before Lok Adalat which
held on 15.03.2014. Registry is directed to check the entire materials and
submit a report as to the present status of the previous proceedings by
26.03.2015. Call on 26.03.2015. Notice of hearing to the defendant also by
then.
PO
11.
OA 9/14
24.03.2015
Orders pronounced vide separate speaking orders. OA is allowed.
PO
13.
OA 85/13
24.3.2015
IA 1277/13: ABJ Petition. Suo motto reopened for clarification as to
the counter averments by 7.4.2015.
This Tribunal in its earlier order dated 9.12.2013 granted status quo
order. The status quo order was extended till 1.12.2014. Thereafter there
was no regular sitting by the Presiding Officer on 1.12.2014, 21.1.2015,
12.3.15 and 20.3.2015. Since there was no sitting for two occasions, the
status-quo order periodically extended was not extended inadvertently. It is
only an accidental omission. Having prima facie taken into consideration of
the materials available on record the status-quo order shall be extended till
the next date of hearing. Hence, status-quo order is extended till 7.4.2015.
Call on 7.4.2015.
PO
14. OA(S) 19/08
24.3.2015
IA 370/15: The petition has been filed by the petitioner / applicant to
amend the date of the Possession Notice in the final order dated 16.1.2015
as 22.1.2008.
It is averred that a mistake has been crept in the amendment petition
filed by the petitioner / applicant due to typing error as “22.08.2008”
instead of the date of the impugned Possession Notice dated 22.01.2008.
This Tribunal in its final order dated 16.01.2015 has set aside the impugned
Possession Notice issued under S.13(4) of the SARFAESI Act dated
22.8.2008.
The Ld. counsel for the R/Bank objected the prayer of the petitioner
on the ground that the amendment sought was not a clerical error, but
something substantial which could not be done at this stage.
The petitioner / applicant in consequent of the amendment petition
which was allowed as per order in I.A. No.1691/2014, carried out the
amendment in the OA(S) 19/08 as “22.01.2008”. But, in the Amended copy
of the application it is wrongly mentioned as “22.8.2008”, which is only an
accidental slip while typing the amended petition copy. Therefore, based on
which final order has been passed and the same typing mistake also has
been crept in the final order passed by this Tribunal dated 16.01.2015. The
date of the original impugned Possession Notice is 22.1.2008. Since the
mistake crept in is due to accidental slip while typing the amended petition
copy, which has been inadvertently as a matter of routine incorporated in
the final order, this petition is allowed. The date of the S.13(4) Possession
Notice mentioned in the final order dated 16.1.2015, shall be read as
“22.1.2008”, instead of “22.8.2008”. This petition is ordered accordingly. No
costs.
PO
15.
SA 145/13
24.03.2015
Orders pronounced vide separate speaking orders. In the result, in
view of the observations made at Point No.1, the impugned proceedings of
the R/Bank is ordered to be kept in abeyance till the outcome of the
proceedings pending before the Hon‟ble National Consumers Dispute
Redressal Commission, New Delhi, and thereafter, the R/Bank is at liberty
to proceed accordingly. No costs.
PO
SA 235/14
(After lunch)
24.3.2015
Orders pronounced.
IA 517/15 in IA 292/15: This petition has been filed by the petitioner
to extend the time for payment of remaining amount of Rs.31,30,602/- till
23.4.2015.
This Tribunal in its earlier order dated 23.2.2015, has granted interim
stay subject to a condition that the petitioner should deposit Rs.71,30,602/as 1st installment on or before 23.3.2015 before the R/Bank directly.
According to the Ld. counsel for the petitioner, out of the total sum of
Rs.71,30,602/-, a sum of Rs.40 lakhs has been already paid by the
petitioner and the remaining amount of Rs.31,30,602/- could not be
mobilized due to some extraneous factors which intervened in the fund
mobilizing process. The Ld. counsel seeks extension of time till 23.4.2015.
As per the earlier order of this Tribunal, the 2nd installment of
Rs.71,30,602/- has to be paid before the Respondent bank directly on or
before 23.4.2015. The prayer for the present extension of time is only for the
purpose of paying the balance amount which remains to be paid in the 1st
installment. Therefore, extension of time till 23.4.2015 may be an additional
burden to the petitioner. However, taking into consideration of the initial
payment of Rs.40 lakhs, this Tribunal is inclined to extend the time of
payment of balance amount of Rs.31,30,602/- towards the 1st installment
till 7.4.2015. Thereafter, if failure occurs, the conditions contemplated in the
earlier order dated 23.2.2015 would come into play automatically. This
petition is ordered accordingly.
For filing Counter, RS and PP by 25.5.2015. Call on 25.5.2015.
PO