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Shenbagarama Pandian v/s The Authorized Officer, Cholamandalam Investment and Finance Company Limited, Madurai


Company & Directors' Information:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED [Active] CIN = L65993TN1978PLC007576

Company & Directors' Information:- O D FINANCE AND INVESTMENT PRIVATE LIMITED [Active] CIN = U65100DL1992PTC049848

Company & Directors' Information:- P V T INVESTMENT LIMITED [Amalgamated] CIN = U74899DL1988PLC121600

Company & Directors' Information:- O D FINANCE AND INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049848

Company & Directors' Information:- H. L. INVESTMENT COMPANY LIMITED [Amalgamated] CIN = U65990WB1975PLC128186

Company & Directors' Information:- B P N INVESTMENT AND FINANCE LIMITED [Active] CIN = U65910MP2007PLC020010

Company & Directors' Information:- M M INVESTMENT PRIVATE LIMITED [Converted to LLP] CIN = U65921CT2008PTC020533

Company & Directors' Information:- G. N. G. INVESTMENT LIMITED [Active] CIN = U65910GJ1981PLC004128

Company & Directors' Information:- A S G S INVESTMENT PRIVATE LIMITED [Active] CIN = U74120DL2008PTC173938

Company & Directors' Information:- M F I FINANCE AND INVESTMENT PRIVATE LIMITED [Active] CIN = U65910KA2005PTC036263

Company & Directors' Information:- A F I FINANCE & INVESTMENT LIMITED [Strike Off] CIN = U65923WB2003PLC097328

Company & Directors' Information:- G L INVESTMENT PVT LTD [Active] CIN = U65993WB1991PTC051072

Company & Directors' Information:- C & C INVESTMENT LTD [Active] CIN = U67120AS1976PLC001654

Company & Directors' Information:- S M S INVESTMENT CORPORATION PRIVATE LIMITED [Active] CIN = U74899DL1963PTC003988

Company & Directors' Information:- L D K FINANCE AND INVESTMENT PRIVATE LIMITED [Active] CIN = U65921DL1996PTC081013

Company & Directors' Information:- R H INVESTMENT PRIVATE LIMITED [Active] CIN = U99999MH1978PTC020633

Company & Directors' Information:- T N B INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025590

Company & Directors' Information:- A R S INVESTMENT PVT LTD [Active] CIN = U65993WB1990PTC048513

Company & Directors' Information:- CHOLAMANDALAM FINANCE LTD [Dissolved] CIN = U65191TN1985PLC011639

Company & Directors' Information:- V P INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015714

Company & Directors' Information:- S M D INVESTMENT LIMITED [Strike Off] CIN = U65993TN1995PLC033139

Company & Directors' Information:- G R D INVESTMENT PVT LTD [Amalgamated] CIN = U67120WB1980PTC032727

Company & Directors' Information:- C AND N INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015710

Company & Directors' Information:- R INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65993TZ1988PTC002181

Company & Directors' Information:- H N G L INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066774

Company & Directors' Information:- K M S INVESTMENT PRIVATE LIMITED [Active] CIN = U67120UP1993PTC015287

Company & Directors' Information:- U M INVESTMENT PVT LTD [Active] CIN = U70101WB1979PTC032160

Company & Directors' Information:- PANDIAN FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1994PTC028918

Company & Directors' Information:- A S T INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U67120DL1996PTC082812

Company & Directors' Information:- B N E INVESTMENT LTD [Not available for efiling] CIN = U67120WB1974PLC029360

Company & Directors' Information:- K S J INVESTMENT COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061335

Company & Directors' Information:- M G FINANCE AND INVESTMENT LIMITED [Strike Off] CIN = U67120UP1992PLC014845

Company & Directors' Information:- S N B FINANCE & INVESTMENT PVT LTD [Active] CIN = U01100WB1995PTC075944

Company & Directors' Information:- P T INVESTMENT PVT LTD [Strike Off] CIN = U65999WB1995PTC067065

Company & Directors' Information:- THE INVESTMENT & FINANCE CO LTD [Strike Off] CIN = U65991WB1896PLC001116

Company & Directors' Information:- J T INVESTMENT PVT LTD [Strike Off] CIN = U65923WB1979PTC032344

Company & Directors' Information:- R K INVESTMENT LTD [Strike Off] CIN = U65993WB1969PLC027398

Company & Directors' Information:- N M G C INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U74899DL1982PTC014603

Company & Directors' Information:- S P INVESTMENT AND FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65990MH1998PTC116516

Company & Directors' Information:- M AND M FINANCE AND INVESTMENT PVT. LTD. [Strike Off] CIN = U65910UP1994PTC017345

Company & Directors' Information:- M S H FINANCE & INVESTMENT LIMITED [Strike Off] CIN = U65921WB1997PLC085377

Company & Directors' Information:- K A S FINANCE & INVESTMENT LIMITED [Strike Off] CIN = U67120TZ2015PLC021226

Company & Directors' Information:- S. A. F. INVESTMENT LIMITED [Active] CIN = U67120DL1997PLC088611

Company & Directors' Information:- H K (INVESTMENT) COMPANY PRIVATE LIMITED [Active] CIN = U65990GJ1950PTC000511

Company & Directors' Information:- P N INVESTMENT PRIVATE LIMITED [Under Liquidation] CIN = U65910GJ1988PTC010715

Company & Directors' Information:- K. C. FINANCE AND INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U67120JK1983PTC000589

Company & Directors' Information:- INVESTMENT CORPORATION LIMITED [Under Liquidation] CIN = U65993KL1942PLC000449

Company & Directors' Information:- B R S FINANCE AND INVESTMENT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1981PTC012845

Company & Directors' Information:- S R M INVESTMENT PVT LTD [Strike Off] CIN = U67120WB1979PTC031888

Company & Directors' Information:- A TO Z INVESTMENT PVT LTD [Dissolved] CIN = U67120WB1988PTC044464

Company & Directors' Information:- PANDIAN AND CO PRIVATE LIMITED [Active] CIN = U05110TZ1947PTC000150

Company & Directors' Information:- R J INVESTMENT PRIVATE LIMITED [Active] CIN = U67120MH1976PTC018954

Company & Directors' Information:- B N K INVESTMENT CO PVT LTD [Active] CIN = U65993WB1971PTC028169

Company & Directors' Information:- A D INVESTMENT CO PVT LTD [Active] CIN = U67120WB1971PTC028170

Company & Directors' Information:- R K S K FINANCE AND INVESTMENT COMPANY LIMITED [Strike Off] CIN = U65910UP1994PLC016853

Company & Directors' Information:- S. K. M. FINANCE AND INVESTMENT COMPANY LIMITED [Strike Off] CIN = U65910UP1994PLC016971

Company & Directors' Information:- G S M FINANCE AND INVESTMENT PVT LIMITED [Strike Off] CIN = U65921PB1993PTC013037

Company & Directors' Information:- T D INVESTMENT CO PVT LTD [Strike Off] CIN = U65921CH1987PTC007637

Company & Directors' Information:- S U FINANCE AND INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65910UP1994PTC016878

Company & Directors' Information:- C G K INVESTMENT P LTD [Strike Off] CIN = U65910AP1986PTC006088

Company & Directors' Information:- L D INVESTMENT COMPANY PVT LTD [Strike Off] CIN = U65921HP1988PTC008425

Company & Directors' Information:- G K INVESTMENT PRIVATE LIMITED [Active] CIN = U65993TZ1987PTC001919

Company & Directors' Information:- G V INVESTMENT PRIVATE LIMITED [Active] CIN = U65993TZ1987PTC001920

Company & Directors' Information:- H V INVESTMENT PRIVATE LIMITED [Active] CIN = U67120MH1997PTC107686

Company & Directors' Information:- M L INVESTMENT PVT LTD [Strike Off] CIN = U67120WB1979PTC032180

Company & Directors' Information:- S & G INVESTMENT COMPANY PRIVATE LIMITED [Active] CIN = U65100DL2012PTC244271

Company & Directors' Information:- D M P FINANCE AND INVESTMENT PRIVATE LIMITED [Active] CIN = U67190GJ2020PTC117201

Company & Directors' Information:- K T FINANCE AND INVESTMENT INDIA LTD [Strike Off] CIN = U65921PB1988PLC008869

Company & Directors' Information:- S B INVESTMENT PVT LTD [Liquidated] CIN = U99999RJ1959PTC001090

Company & Directors' Information:- R AND P INVESTMENT PVT LTD [Strike Off] CIN = U67120PB1995PTC016124

Company & Directors' Information:- E R FINANCE AND INVESTMENT PVT LTD [Strike Off] CIN = U65921PB1988PTC008492

Company & Directors' Information:- G M S FINANCE AND INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65900DL1983PTC015133

Company & Directors' Information:- M H K FINANCE AND INVESTMENT COMPANY PRIVATE LIMITED [Strike Off] CIN = U65993UP1983PTC005968

Company & Directors' Information:- M M B INVESTMENT PRIVATE LIMITED [Active] CIN = U65993RJ1996PTC012698

Company & Directors' Information:- D S N INVESTMENT PVT LTD [Strike Off] CIN = U65993TG1988PTC008554

Company & Directors' Information:- INVESTMENT & FINANCE CORPN. PRIVATE LIMITED [Amalgamated] CIN = U65991TN1943PTC000926

Company & Directors' Information:- V. I INVESTMENT PVT LTD [Strike Off] CIN = U67120HR1988PTC030206

Company & Directors' Information:- R J P INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65993GJ1981PTC004678

Company & Directors' Information:- D D P INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65910GJ1981PTC004695

Company & Directors' Information:- M P INVESTMENT CO PRIVATE LIMITED [Under Process of Striking Off] CIN = U65993KA1974PTC002646

Company & Directors' Information:- INVESTMENT COMPANY PRIVATE LIMITED [Dissolved] CIN = U65990KL1946PTC000461

Company & Directors' Information:- INVESTMENT CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1943PLC007730

    W.P. (MD) No. 22324 of 2017 & W.M.P (MD) No. 18607 of 2017

    Decided On, 12 December 2017

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE M. VENUGOPAL & THE HONOURABLE MRS. JUSTICE R. THARANI

    For the Petitioner: D. Nallathambi, M/s. K. Appadurai, Advocates. For the Respondent: K.J. Parthasarathy Standing Counsel.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in I.A.No.2180 of 2017 in I.A.No.1477 of 2017 in S.A.No.292 of 2017 on the file of the Debt Recovery Tribunal, Madurai and to quash the same and consequently to direct the Respondent herein to permit the Petitioner to make final payment of Rs.7,02,000/- in 12 weeks time).

M. Venugopal, J.

1. This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in I.A.No.2180 of 2017 in I.A.No.1477 of 2017 in S.A.No.292 of 2017 on the file of the Debt Recovery Tribunal, Madurai and to quash the same and consequently to direct the Respondent herein to permit the Petitioner to make final payment of Rs.7,02,000/- in 12 weeks time.

2. Heard both sides. No counter is filed on behalf of the respondent/Finance Company.

3. By consent, the main Writ Petition itself is taken up for final disposal.

4. Earlier, the Debts Recovery Tribunal, Madurai (DRT) on 29.11.2017 in I.A.No.2180 of 2017 in I.A.No.1477 of 2017 in S.A.No.292 of 2017 , at paragraph 5 had observed the following:

''5. Admittedly, the Petitioner has paid the 1st and 2nd installments due within the stipulated period. The Petitioner ought to have paid the third installment due on or before 10.11.2017. This petitioner was filed on 7.11.2017 praying to grant extension of time by 12 weeks. The reasons stated by the Petitioner are that due to heavy rainfall and due to non-mobilizing of funds in short span of time. The reasons stated by the Petitioner cannot be accepted as valid and convincing reasons to justify his failure to comply with the conditional order passed by this Tribunal in letter and spirit. The petitioner having obtained the ad-interim stay has come filed with this Petition with untenable grounds. There are no valid reasons and merits to grant extension of 12 weeks time to comply with the conditional order.''

and ultimately dismissed the said application.

5. Challenging the dismissal order, dated 29.11.2017, in I.A.No.2180 of 2017 in I.A.No.1477 of 2017 in S.A.No.292 of 2017, passed by the Debt Recovery Tribunal, Madurai, the Petitioner has filed the instant Writ Petition before this Court by taking a plea that the default in question for very few instalments is due to the reason that the recession in the partnership business due to demonetization, which affect the whole country for a year, bringing all the business to a grinding halt. As such, the situation was beyond the control of the Petitioner and his partners and despite the same, the Petitioner was unable to comply with the conditional order of stay for two installments of Rs.7,02,000/- each and only for final installment, the Petitioner had prayed for time.

6. The Learned Counsel for the Petitioner comes out with an argument that the Tribunal had failed to see that the Petitioner's partnership firm having borrowed a sum of Rs.1,25,00,000/- and repaid Rs.1,65,35,000/- in 85 months, out of 120 months. Therefore it is the contention of the Learned Counsel for the Petitioner that the Petitioner was regular in repayment and he is not a chronic defaulter and it is not his intention to commit default, for want of fund.

7. Lastly, it is the submission of the Learned Counsel for the Petitioner that the Petitioner underwent three surgeries and took treatment from 2013 to 2016 in Appollo Hospital, Chennai and that the repayment was regular and even during demonetization, there was not much default in repayment. Before the Tribunal, admittedly, the Petitioner had not produced necessary oral or documentary evidence to show that he underwent three surgeries and took treatment from 2013-2016 in Appollo Hospital, Chennai. The Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner is presently undergoing treatment as out-patient at Meenakshi Mission Hospital, Madurai.

8. Seeking enlargement of time to comply with the certain conditional order passed by a Court or Tribunal is well within the domain/discretion of the concerned Court or Tribunal. A Court or Tribunal is to arrive at a subjective satisfaction in regard to the reasons assigned by a particular person, which prevented him to comply with the condition imposed in a given situation. Undoubtedly, the Petitioner having undergone three surgeries and taking treatment from 2013-2016 at Appollo Hospital, Chennai and presently he is taking treatment as Out-patient in Meenakshi Mission Hospital, Madurai, he had not produced the relevant, convincing, credible, oral or documentary evidence. In an appropriate case, if good/sufficient cause is made out, a Court of Law or Tribunal can extend its discretionary power based on the facts and circumstances, which float on the surface. No wonder, as regards the Petition/application for extension of time, notice to other side is essential, as opined by this Court.

9. Be that as it may, in view of the fact that 'enlargement of time' is a discretion of a Court or a Tribunal, this Court, without going into the merits of the subject-matter in issue, by taking into account of the fact that the Petitioner is now ready to produce oral or documentary evidence to prove that he took treatment from 2013 to 2016 at Appollo Hospital, Chennai and presently he is taking treatment as an Out-patient in Meenakshi Mission Hospital, Madurai, this Court, without dwelling deep into the subject-matter in issue and also not expressing any opinion on the merits of the matter, simpliciter, directs the Petitioner to approach the Debt Recovery Tribunal, Madurai by means of filing an Interlocutory application in pending S.A.No.292 of 2017 on or before 19.12.2017. In the event of filing of the said Interlocutory Application before the Tribunal, the Petitioner is to seek enlargement of time by ascribing necessary qualitative and quantitative details, with supporting documents to show that during the relevant period 2013 to 2016, he underwent three surgeries in Appollo Hospital,Chennai and subsequently, he took treatment as an out-patient in Meenakshi Mission Hospital, Madurai and to seek redressal of his grievance, if

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he so desires/advised. The Tribunal in the said Interlocutory Application is to pass a reasoned speaking order, of course, after providing necessary opportunity of hearing to the Respondent/Finance Company and also to take into consideration of any objection/representation being made by the Respondent/Finance Company, through its authorised representative or the Learned Counsel, as the case may be and in any event, the Tribunal is directed to pass the orders in the interlocutory Application, within a period of two weeks thereafter. 10. With the above said observation(s) and direction(s), the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
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