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2025 DAILYLAW 83276 (MAD)

R.ANITHA v. REPCO HOME FINANCE LIMITED

WP/35079/2025 · 2025-09-18

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.35079 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.35079 of 2025 and W.M.P.Nos.39257, 39260 and 39423 of 2025 1.R.Anitha Wife of R.Sathyavelu, No.18, Annamalai Nagar, 3rd Street, West Mambalam, Chennai 600 033. 2.R.Sathyavelu Son of Rajavelu No.18, Annamalai Nagar, 3rd Street, West Mambalam, Chennai 600 033. 3.R Logesh S/o. Ramachadnran, No.71, Shastri Nagar, Chengalpattu 603 001. Petitioners Vs ______________ https://www.mhc.tn.gov.in/judis W.P.No.35079 of 2025 Repco Home Finance Limited Rep. by its Authorized Officer, The Chief Manager, Having Office at Plot No.4055, U Block No.10, 1st Floor, Upp. Punjab National Bank, 4th Main Road, Anna Nagar West, Chennai 600 040. Respondent PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records from IA No.730/2023 in AIR No.1045/2023 on the file of the Debt Recovery Appellate Tribunal at Chennai and to quash the order dated 23.04.2025. For Petitioners: M/s.Ilayarani Ponraj.J ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the petitioner. 2. Taking into consideration the submission made by learned counsel for the petitioners that due to bona fide and inadvertent mistake, instead of depositing 25% of the amount payable as required under Section 18 of the SARFAESI Act before the Debt Recovery Appellate Tribunal (DRAT), a demand draft dated ______________ https://www.mhc.tn.gov.in/judis W.P.No.35079 of 2025 15.4.2025 was drawn in favour of the secured creditor, we grant petitioners one opportunity to seek indulgence of the DRAT by moving appropriate application bringing this fact on record. Along with the application, the petitioners shall also submit demand draft drawn in the name of the Recovery Officer, DRAT, Chennai. 3. If that is done, the DRAT shall take the same into consideration and pass appropriate orders. 4. The petition is, accordingly, disposed of. There shall be no order as to costs. W.M.P.No.39257 of 2025 filed to permit the petitioners to file a single writ petition is ordered, subject to payment of separate court fee within two weeks. W.M.P.Nos.39260 and 39423 of 2025 stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 18.09.2025 Index : Yes/No Neutral Citation : Yes/No bbr ______________ https://www.mhc.tn.gov.in/judis W.P.No.35079 of 2025 To: The Authorized Officer, The Chief Manager, Repco Home Finance Limited Plot No.4055, U Block No.10, 1st Floor, Upp. Punjab National Bank, 4th Main Road, Anna Nagar West, Chennai 600 040. Copy to: The Debt Recovery Appellate Tribunal, Chennai. ______________ https://www.mhc.tn.gov.in/judis W.P.No.35079 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. bbr W.P.No.35079 of 2025 18.09.2025 ______________ https://www.mhc.tn.gov.in/judis