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2021 Supreme(Mad) 1316

SANJIB BANERJEE, P.D.AUDIKESAVALU
Vasantha – Appellant
Versus
Chief Manager, Indian Overseas Bank, (Previously Bharat Overseas Bank Ltd. ,), Chennai – Respondent


Advocate Appeared:
For the Petitioners:V. Raghavachari, K.S.V. Sethuraman, Advocates.
For the Respondents:F.B. Benjamin George, Advocate.

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Revision Petition filed challenging the order dated 05.04.2021 passed in I.A.No.143 of 2017 in AIR 76 of 2015 on the file of the Debts Recovery Appellate Tribunal, Chennai.)

1. The revision is directed against an order of the Debt Recovery Appellate Tribunal at Chennai passed on April 5, 2021 at the receiving stage of an appeal directed against the refusal by the relevant Debts Recovery Tribunal to restore one or more applications which had been dismissed for default.

2. The petitioners initially give an impression that the order impugned verges on the contumacious since the DRAT had acted in derogation of a previous order of this court that recognised that the petitioners were not liable to make any pre-deposit while preferring the appeal against the DRAT. However, upon the respondent secured creditor pointing out other features of the previous order of this court, it does not appear that the impression sought to be given by the petitioners was appropriate or even fair.

3. In the order of this Court of April 11, 2019, several petitions under Article 227 of the Constitution were taken up and the broad principles were enunciated at paragraph 22 of

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