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TMI Blog2021 (4) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of loan. Therefore, the respondent filed suit for recovery of money to the tune of ₹ 9,93,812/- - the respondent filed suit and suit summons were sent to the address given by the petitioners. Those summons were returned unclaimed and as such substituted service was ordered. Accordingly, the respondent effected paper publication and the petitioners were set exparte and exparte decree was passed on 12.02.2004. Now it cannot be said that the fixed deposit made by the petitioners not returned to the petitioners by the respondent. That apart, the petitioners filed petition to set aside the exparte order without any condone delay petition. Though it was numbered and ordered on merits, the petitioners failed to mention sufficient cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent : Mr. S. Kesavan ORDER This Civil Revision Petition is directed as against the fair order and decreetal order of the II Additional City Civil Judge, Chennai dismissing IA.No.6778 of 2014 in OS.No.3749 of 2003 dated 17.03.2015, thereby dismissing the petition to set aside the exparte decree. 2. The learned counsel for the petitioners would submit that the petitioners are the defendants 1 to 3 in the suit filed by the respondent herein for recovery of money. The second petitioner is a doctor practising in USA. He is staying along with family members in USA for the past 40 years. While being so, one, N.Sundara Raman floated the company on behalf of the second petitioner herein and approached the respondent for a loan to buy mac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e exparte decree, since immediately he filed petition to set aside the exparte decree after came to his knowledge. 2.2 The learned counsel for the petitioners further submitted that when the suit was decreed by the civil court and the same court has only got jurisdiction to set aside the exparte decree. Therefore, the Debts Recovery Tribunal has no jurisdiction to entertain the petition to set aside the exparte decree or to issue recovery certificate. In support of his contention he relied upon the judgment of this Court in the case of V.K.Rajeswari and another Vs. UCO Bank and others in CRP.NPD.No.1120 of 2011 dated 04.07.2012. 3. Per contra, the learned counsel for the respondent would submit that the respondent filed suit in OS.No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inancial Institution Act, 1993. Accordingly, the respondent filed application in OA.No.15 of 2013 on the file of the Debts Recovery Tribunal-III, Chennai and issued recovery certificate No.127 of 2013. At that juncture, the petitioners filed petition to set aside the exparte decree dated 12.02.2004, that too without any condone delay petition after period of 10 years. The court below rightly dismissed the petition and it does not warrant any interference by this Court. He further submitted that in respect of the fixed deposit of ₹ 31,34,000/- is concerned, immediately after deposit of the said amount, the petitioners availed loan against fixed deposit under value security loan scheme. Therefore the fixed deposit was adjusted towards t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dants in the suit filed by the respondent for recovery of money. The first petitioner is a private limited company and the second and third defendants are its Directors. They availed term loan to the tune of ₹ 10 lakhs from the respondent on 25.10.1995 to purchase machineries. Accordingly, the deed of hypothecation in respect of machineries and vehicles were executed on 25.10.1995. They also executed letter of undertaking on the same day and thereafter they defaulted payment of loan. Therefore, the respondent filed suit for recovery of money to the tune of ₹ 9,93,812/-. Admittedly, the second and third petitioners are residing in USA. The house owned by the second petitioner herein is situated at No.Q46, 3rd Main Road, Anna Naga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. That apart, the petitioners filed petition to set aside the exparte order without any condone delay petition. Though it was numbered and ordered on merits, the petitioners failed to mention sufficient cause for the delay in petition to set aside the exparte decree. Exparte decree was passed on 12.02.2004. When the second petitioner visited India and had gone to Ramanathapuram, thereafter when he visited house at No.Q46, 3rd Main Road, Anna Nagar, Chennai, the watchman of the said house handed over the cover, which was sent by the Debts Recovery Tribunal. It is unbelievable statement and as rightly pointed by the learned counsel for the respondent, it is nothing but cock and bull story and only to maintain the petition to set aside t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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