C.R.P.No.856 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ C.R.P.No.856 of 2021 and C.M.P.Nos.7040 and 7240 of 2021 R.Kanakaraj .. Petitioner -vs- 1. Syndicate Bank Rep. by Authorised Officer and Branch Manager, Hosur Branch, Tank Street, Hosur, Krishnagiri District. 2. K.Nagaraj .. Respondents Prayer: Petition filed under Article 227 of the Constitution of India against the order and decreetal order dated 09.01.2020 in I.A.No.416 of 2014 in A.I.R. No.1070 of 2012 on the file of Debt Recovery Appellate Tribunal, Chennai. For Petitioner : Mr.Avinash Wadhwani for M/s.V.Srimathi For Respondents : No appearance for R-1 : Not ready in notice reg. R-2 * * * * * https://www.mhc.tn.gov.in/judis C.R.P.No.856 of 2021 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Respondents have been served, but have not been appearing. Even on earlier occasion, respondents have remained absent. Even today, respondents are absent. 2. Sri.Wadhwani submitted that the District Collector and District Magistrate, Krishnagiri, in his order dated 30.01.2017 passed under Section 14 of the SARFAESI Act, has observed as under: "Subsequently one Thiru.R.Kanagaraj Proprietor, Abi petro fuels, Hosur has represented on application Dt:06.01.2017 to revoke this office proceedings 2nd cited by furnishing records. The records regarding the ownership of above the said properties were scrutinized carefully and found that the borrower thiru.K.Kanagaraj as per sale deed No.2360/2009 Dt:24.07.2009 Prior to mortgaging the properties to the syndicate Bank, Hosur, Vide mortgaging deed no.7655/2009 Dt:29.10.2009 and borrowed loan amount fraudulently where in the lands are stands patta no.2932 in the name of Thiru.R.Kanagaraj." https://www.mhc.tn.gov.in/judis C.R.P.No.856 of 2021 Sri.Wadhwani also submitted that even the Tribunal in the impugned order has observed that prima facie even petitioner is a victim of fraud and therefore, the Tribunal should not have directed petitioner to make any pre-deposit. 3. No counter has been filed. Nobody has been appearing. We find that the submission of Mr.Wadhwani is acceptable because when a person is observed to be a victim of fraud, adding to the burden to make the person to pre-deposit a sum of Rs.17 lakhs would amount to rubbing salt in the wound. Therefore, to that extent, we would say the order is perverse, though in exercise of discretion. 4. In view of the above, the impugned order is quashed and set aside. The Civil Revision Petition is allowed. The appeal, which would have stood dismissed due to the self-operating order, will stand restored. There shall be no order as to costs. Consequently, the interim applications stand closed. Page 3 of 5 https://www.mhc.tn.gov.in/judis C.R.P.No.856 of 2021 5. As the matter is very old, the Debt Recovery Appellate Tribunal is requested to dispose the appeal as early as possible, preferably, by 30.09.2025. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 16.04.2025 Index : Yes/No Neutral Citation : Yes/No sra To The Debt Recovery Appellate Tribunal, Chennai. Page 4 of 5 https://www.mhc.tn.gov.in/judis C.R.P.No.856 of 2021 The Hon'ble Chief Justice and Mohammed Shaffiq, J. (sra) C.R.P.No.856 of 2021 16.04.2025 https://www.mhc.tn.gov.in/judis