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

O R D E R

[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 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:

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.

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